Hi all.
This is about trademark in the US.
I am starting a brand that will sell products.. And I am not sure if I should trademark the company (brand) name AND the product names individually, or if I should only trademark the Brand (company) name.
Would I get legal protection for the product name if the name is not trademarked, but the overall brand is? Example:
Zara (clothing) launches a new product (a shirt that doesn't get wet) and calls it Super Shirt. Can a copycat grab the Super Shirt name and start selling shirts under this name? Zara is obviously trademarked protected, so can Zara go after the copycat based only on the fact that Zara is selling the Super Shirt product?
Another question:
If I chose not to trademark the product name and there is a registered trademark with that same name in the same category, can I get in trouble for selling a non-trademarked PRODUCT?
If I don't have to search for a non-trademarked product name the name selection becomes much easier.
This is all very confusing I have to admit..
Best!
This is about trademark in the US.
I am starting a brand that will sell products.. And I am not sure if I should trademark the company (brand) name AND the product names individually, or if I should only trademark the Brand (company) name.
Would I get legal protection for the product name if the name is not trademarked, but the overall brand is? Example:
Zara (clothing) launches a new product (a shirt that doesn't get wet) and calls it Super Shirt. Can a copycat grab the Super Shirt name and start selling shirts under this name? Zara is obviously trademarked protected, so can Zara go after the copycat based only on the fact that Zara is selling the Super Shirt product?
Another question:
If I chose not to trademark the product name and there is a registered trademark with that same name in the same category, can I get in trouble for selling a non-trademarked PRODUCT?
If I don't have to search for a non-trademarked product name the name selection becomes much easier.
This is all very confusing I have to admit..
Best!
