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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 118651
Experience:  Attorney practicing all aspects of copyright/trademark law
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Good afternoon. I am opposing a trademark application and by

Customer Question

Good afternoon. I am opposing a trademark application and by pure chance I have just discovered that the design the applicant is seeking to trademark was adapted from an 'off the shelf' logo design (i.e. the licence to use the logo was purchased online and then customised). The changes are minimal and the design remains quite obviously the same one- not even just 'inspired by'. I also have proof that the applicant used the purchased design (and only this design) in his brief to the designer of the finished product and sought specifically for the design to be adapted to use his company name and colours. The ts and cs of the website where the original logo can be purchased are very clear: that the person who buys the logo can use it but even if customised, does not have the rights to trademark the end result. On the face of it (I appreciate you do not have as much info as you would need to say for certain), can I also oppose the trademark on the grounds that the design is not his to trademark? I would appreciate your thoughts. Thank you.
Submitted: 2 years ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can oppose the design if it infringes on your mark and is going to cause a likelihood of confusion with your mark. If the party has license, you can raise the fact the license states they cannot trademark any derivative use, because the derivative use would prevent them from being able to trademark the logo even though the logo may or may not be found to be similar enough to your logo to cause confusion required to deny the registration.