Legal Question in Intellectual Property in New Jersey

You might not be able to use "Gummi Bears" (or even "Gummy Bears") as a trademark, as it is likely granted trademark protection as a Hasbro mark, or otherwise. You might be able to use it to describe your product. However, IP is not clear-cut. How much your mark looked like a competitor's mark, how you marketed it, and many, many other factors would determine whether your mark might be potentially infringing or safe to use. Descriptiveness would likely be a defense, and you might be able to use it when describing your product. For an opinion regarding your particular usage of the mark, a qualified IP attorney would have to review your mark, usage, market, existing use, and other factors to determine potential rights and liabilities.

In the case of our firm, this can be accomplished for a low flat fee.

If you would like to discuss your matter further over a free and confidential phone consult, please contact me at your convenience.

Regards,

Michael J. Duffy

Duffy Law, LLC

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Please note: The information provided here is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances. You should consult an experienced attorney concerning your particular factual situation and any specific legal questions you may have. No attorney-client relationship is created merely through the exchange of information via this web site. Michael J. Duffy will not undertake representation of a client without the client first signing a written retainer and representation agreement.

In addition, to my colleague's comment and before resorting to option letters by counsel, you can search the USPTO database of registered trademarks (available at http://www.uspto.gov/trademarks/index.jsp) to see what spelling is registered, if at all. In addition, you should take note if the other brands that use the term Gummy Bears have a TM or (R) next to the phrase.

If you have any further questions feel free to contact my office at your earliest convenience.

Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

email: Info (@) TheLegalist (dot) com

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.