Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Hello, I will be assisting you
When you note that it has been registered several times, do you mean that that it has been trademarked several times?
can you briefly describe what would you be memorializing and do you know what classes the TM registrations were in?
and what do you mean by prime identifier?
and this would be for private use? You're not planning to make this a service for folks to create their memorial pages using your site?
Got it. Let me briefly explain trademark law
trademark law is concerned with confusion. Basically the law does not want consumer to think that a certain product comes from maker A when it in fact comes from maker B as such there are 45 categories of products and services (called 'classes') that a trademark can be used in
theoretically there can be 45 different permutations of the same mark used in 45 different ways by 45 different registrants. This means that even if there are already several marks registered it does not mean that your use is precluded
what you need to do is go back to the trademarks you found and figure if there is any way to confuse what you are doing with what they are doing. If the answer is no then you would need to figure out that of you were to register a trademark what category would it be in. If it would be in a different category than the ones already registered then you have a good faith reason to use it
in fact I would recommend that you then file for registration of the mark in your classes to prevent someone else from interfering with your usage and to defend your usage of the mark
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