Legal Question in Business Law in Oklahoma
reproducing trademarks
we manufacture rubber stamps. we have made ''wheresgeorge'' rubber stamps for customers across the country. we have been contacted by ''wheresgeorge'' people informing us that ''wheresgeorge'' is now a registered trademark and that we must cease making any rubber stamps with that phrase on it. Is it legal to continue to make rubber stamps requested by customers with the trademark ''wheresgeorge'' on them?
1 Answer from Attorneys
Re: reproducing trademarks
If in fact a national registration of "wheresgeorge" is in place as a current and valid mark, then no one may use the mark in any form except the holder of the registration. This is not often done by small companies or individuals. If, on the other hand, the phrase is simply trademarked in a state, then there is no prohibition against the use of the mark except in the state where it is registered. You need proof of a valid national mark and to do your research online. This may just be a bluff, so check it out.
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