Slogan vs. Brand name in trademarks
Posted in the Patent / Trademark Law Forum
#1 Apr 21, 2014
We recently applied for a trademark for a Brand that we are planning on bringing to market. The problem is, there is a little used slogan out there that has been trademarked whose words can be twisted to contrive a similar meaning to the words that we are using for our brand.
For example, let’s say there is a little known sneaker manufacturer with a Brand known as “Colt Shoes”. In their advertising they use a slogan they have trademarked, such as “Awesome sneakers”. This advertising slogan has barely been recognized by the general public and it’s perception is weak in the court of public opinion.
Now our company comes along with a product that is a completely different product. It is a gaming program that we call “Awesome Spies”(not the actual product)
So here is my question…. I have a letter from the USPTO stating that “spies” is too close to the word “Sneakers” and that there could be brand confusion between the Colt Shoes product and our gaming disc due to the confusion between the words Sneakers and Spies, which both draw the same similar descriptions in the dictionary but are two completely different and dissimilar words. One is a Brand, and one is a slogan.
How do I work around this in order to achieve trademark protection for my new brand? I read all types of articles and they have confused me more than before.
Since: Oct 14
#2 Nov 3, 2014
Though it is rarely used , slogan can be a trademark if it has not been used. It gives the owner the superior rights on its usage. With this, the owner can restrict someone from using the slogan. If the slogan you want to use is already registered in the USPTO, I suggest that you think of other slogan that are unique and has not been used in order for your trademark to be granted intellectual property rights.
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