Legal Question in Intellectual Property in Missouri
Trademark
i did a trademark search on a name i.e(michael) to put on a clothing line, but found outt that someone else has used it for bridal gowns, is there another class i could use the name michael for clothing such as t-shirts, sweats, etc, or can i put a 's on the end of michael(michaels)...............
1 Answer from Attorneys
Re: Trademark
NO and NO. Class 25 is for clothing. The test of infringement of a trademark is, in relevant part, whether there is likely to be confusion as to source between the products or services bearing the marks. There is a multi-factor test, but common sense should tell you people would be confused between MICHAEL bridal gowns and MICHAEL'S t-shirts. Save yourself the trouble of litigation and pick another name. I know Michael's trademark lawyer and can tell you that you don't want to do this.
If you still want to use "Michael" in some form on your clothing you need expert trademark lawyer assistance to avoid trouble. Call me 314-241-4427 or email [email protected]
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