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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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I am building a website that is a web based memorial. I want

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I am building a website that is a web based memorial.
I want to use "Remember me" as a prime identifier. I see that remember me has been registered several times, can I still use it?

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

When you note that it has been registered several times, do you mean that that it has been trademarked several times?

Customer: Yes,
BizIPEsq. :

can you briefly describe what would you be memorializing and do you know what classes the TM registrations were in?

Customer: What I am developing is an on line tribute page for family and friends to post pictures and stories, an e
BizIPEsq. :

and what do you mean by prime identifier?

Customer: Pops, was cut out... An e-memorial wall. Remember me is to be my catch fraise .
Customer: That should have been phrase.
BizIPEsq. :

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?

Customer: This is a public website, think face book.
BizIPEsq. :

Got it. Let me briefly explain trademark law

BizIPEsq. :

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

BizIPEsq. :

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

BizIPEsq. :

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

BizIPEsq. :

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

Customer: Thank you!
BizIPEsq. :

you are welcome

BizIPEsq. :

please rate my service

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without your rating I do not get compensated for my work

Customer: Done and well worth it.
BizIPEsq. :

cheers. The rate button is below

Customer: i appreciate your help
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