Legal Question in Intellectual Property in Texas

Getting Around an Existing Trademark

I am trying to trademark a phrase with my logo but I've found that the term particular term has already been trademarked with a different drawing: Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS What are my options at this point? Does this mean that I have no rights to this phrase? Can I not use this phrase for my website and other products that I wanted to brand with this term? How do I get around this technicality? This is an important part of my marketing campaign and if anyone sees any loopholes, please let me know. I appreciate all assistance.


Asked on 11/07/05, 5:27 pm

1 Answer from Attorneys
Cheryl Mullin Cheryl Mullin & Associates, PC

Re: Getting Around an Existing Trademark

Whether or not you can use or register a slogan previously registered by another depends on whether the slogan is registered in connection with similar goods or services and whether your registration of the same or similar mark would likely result in consumer confusion. If the answer is yes, the only way to get around it either is to purchase trademark rights from the prior registrant or, if you have reason to believe that the prior registrant is no longer using the mark in commerce, petition to cancel the mark with the Trademark Trial and Appeal Board. If you are looking to register the same mark in connection with completely different goods or services, there may not be an issue at all. Please let us know if we can help.

Read more
Answered on 11/07/05, 5:38 pm


Related Questions & Answers

More Intellectual Property questions and answers in Texas