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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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This is a trademark question. There is a logo that is used

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This is a trademark question. There is a logo that is used in Hilton Head Island South Carolina that has is designed as HHI. Sometimes the HH has a lighthouse by it to represent the I and this logo is already trademarked. Sometimes we use our palmetto tree instead or the I and the lighthouse. My question is this: Would I be able to trademark an HH logo with a golf ball on a tee, a straight alligator, a bird standing looking like and I or a surfboard after the HH? Thanks!
Thank you for your question.

That very much depends on how similar your logo would be based on the exiting and copyrighted image. If, in the hands of a "reasonable" reviewer, there is doubt or confusion as to who the logo belongs to, it would be deemed an invalid copyright, and the original copyright holder would be free to file suit for possible infringement of trademark, and would therefore be able to pursue damages.

Good luck

Edited by Dimitry Alexander Kaplun on 12/1/2010 at 5:49 AM EST
Customer: replied 6 years ago.
So if I changed the HH and made that different and then added the animals and the surf board, would using a different font alltogether for the HH make it different?
Thank you for your follow-up.

Without actually reviewing the designs I cannot give you a straight answer, simply because a trademark is based on a subjective review. However, if it does not appear similar, and there is enough of a difference (different fonts, different placement in the design, different images, etc...), it is much less likely to be deemed infringing.

Good luck.

Edited by Dimitry Alexander Kaplun on 12/1/2010 at 5:55 AM EST
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