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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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Can I use Digital Instyle as the name of my digital magazine

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Can I use Digital Instyle as the name of my digital magazine publishing platform?

I live in Australia but obviously, as this is an internet-based service/tool, my question relates to a worldwide jurisdiction.

The actual platform will be used by the publishers of all types of magazines to format their magazines for uploading to kindle, android devices etc.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 4 years ago.

Yes, Fran I can wait just as long as I get the correct answer :)





Hi Rosemary,

Thank you for your patience. We will continue the search for a professional for you.
Hello, I will be assisting you.

According to the WIPO World Intellectual Property Organization), the combination of "Digital Instyle" is not registered in any country. This means that the name is XXXXX XXXXX as a trademark. This is excellent news!

To be exactly sure that the name "Digital Instyle" is not used anywhere, you should also conduct a country by country search of common law trademark usage, which is usage that is not accompanies by registration.

In the meantime, I highly recommend that you trademark the "Digital Instyle" yourself in AU and in all other countries that it will/is used.

Thank you for allowing me to assist you

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Customer: replied 4 years ago.

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

BizIPEsq., Attorney
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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