Will I have to relinquish or pay money to a company if I use a phrase that is trademarked by them?
Will I have to relinquish or pay money to a company if I use a phrase that is trademarked by them?
Answered By: Mark S. Hubert PC
It does not work like that. First you have to ask permission to use it and establish a royalty. If you just use it they can sue you for trademark infringement and possibly get statutory damages.
Answer Applies to: Oregon
Replied: 10/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Oregon
Replied: 10/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: DANIEL NESBITT
Trademarks designate the source (manufacturer) of a product. If a company owns a trademark for a product, for example EXCEL, it is not a trademark violation to use the term EXCEL per se. For example, if you comment about their product and call it EXCEL, that is not a trademark violation. If you call your own, similar product EXCEL, that would likely be an infringement.
Answer Applies to: Ohio
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Ohio
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ochoa and Associates
The answer depends on several factors. it is possible that you would have to pay for the use of a trademarked phrase. but it is best to speak to an attorney about this question and relay the facts surrounding the use.
Answer Applies to: Texas
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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