Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Yes, Fran I can wait just as long as I get the correct answer :)
Thanks you for this.
In framing my original question I had in mind that there is a well known, international fashion magazine called Instyle.
Am I right in saying that your research indicates that it is safe for me to use Digital Instyle as the name of the tool/website/company that will produce digital magazines?
Im wondering why you have recommended that I start by trademarking in Australia?
It is important to note that my research was just cursory and involved the WIPO database only to get a general sense of whether the name was actually registered by another party. Under the nominal fee charged by JustAnswer, obviously a comprehensive trademark research cannot be conducted. Thompson and Lexis both provide comprehensive trademark searches at a substantially higher cost if you are further interested. These searches will reveal use in additional to registration. Use is an important factor in an assessment of a trademark.
As far as "digital instyle" and "instyle" being similar names that in fact can be the case. There is no way of knowing in advance what would Instyle magazine do if they learn of you. I believe there are many other instyle publications worldwide. If that is in fact the case then the question is why would your magazine be bared from using the word instyle while all the others are using it.I noted AU because you indicated that you live there. If a company publishes in the US then it should trademark in the US first.Thank you for your continued patronage
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