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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101369
Experience:  Lawyer
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Can I sell a vector design (SVG) of something that is

Customer Question

Can I sell a vector design (SVG) of something that is trademarked for a standard word mark? I sell SVG (vector) files online. I want to sell a vector file that says #momlife - but this is trademarked for clothing, and has a standard word mark included. Am I correct, that since we are covered under two different categories of goods and services (theirs is for clothing only) - that I am OK to sell my own goods even though they have a trademark for that phrase on clothing?
Submitted: 9 months ago.
Category: Canada Law
Expert:  Debra replied 9 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 9 months ago.

You cannot use the trademark owned by someone else for any purpose unless they first consent.

It doesn't matter that you are wanting to use it for another category of goods and services. They own the intellectual property rights to the trademark for all purposes.

Do you see what I mean?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 9 months ago.
Please keep in mind that although she holds a US trademark, I am selling internationally since it is a digital download.
Expert:  Debra replied 9 months ago.

But if she created the trademark then she owns it. It doesn't matter where she registered it or even if she did not register it. Registration is just proof of ownership but if she created it she owns it.

Customer: replied 9 months ago.
Are you talking about copyright or trademark? Copyright is international but does not cover typeface which is essentially what this design is since it is only a phrase, no real design elements. Trademarks are not international so it DOES matter where she registered it. I am asking specifically if her trademark (which has nothing to do with who created what, only has to do with what she is representing with this mark) - covers usage outside of clothing. I'm not talking about copyright infringement, I'm specifically asking about trademark violations since we sell two different types of goods/services. Does her clothing trademark cover other goods/services?
Expert:  Debra replied 9 months ago.

I am talking about her trademark which she can come to own by using it even without registering it under common law.

But I will opt out so you can get another opinion.

Customer: replied 9 months ago.
If someone has trademarked a phrase for clothing, it only protects clothing. Here is a link to the TM in question. only covers clothing, so I can't sell clothing (in the US) with that phrase. If she wanted it covered for glassware she would have to have that included because trademarks aren't automatic like copyrights are. We aren't talking about intellectual property at all because intellectual property claims (copyrights) don't cover typeface which is what I'm producing.