How do trademarks work?

[EternalFun]

I need to use the word "mom" and "grandma" for my design and as I was searching trademarkia .com and https://trademarks.justia.com/search?q=mom, I see many those two words are registered multiple times.

So, if I use those words in my design, it will be like infringing, right?

My design is for t-shirt btw. I am almost done with the design and now I see this.

Can anyone experienced in trademarks throw some light?

 

[Wilson Grant Fisk]

No, afaik you won't be infringing unless you are trying to identify as one of those brands.
If you are just using the word "mom" on the t-shirt it shouldn't be a problem.
Just make sure you don't use the same font, logo, image or copy the style of the Trademarked brands.

 

[rinaldohack]

Tldr version.
Use apple picture, you're okay
Use apple inc. logo, you're screwed.

 

[EternalFun]

No, afaik you won't be infringing unless you are trying to identify as one of those brands.
If you are just using the word "mom" on the t-shirt it shouldn't be a problem.
Just make sure you don't use the same font, logo, image or copy the style of the Trademarked brands.

So with that logic, I can use any trademarked words perfectly if I don't use the same logo, font, image, style, and misuse their brand right?

 

[bartosimpsonio]

So with that logic, I can use any trademarked words perfectly if I don't use the same logo, font, image, style, and misuse their brand right?

There are no trademarked words. There are trademarks.

Mom is a English word that cannot be patented or registered in any way.

But a stylized version of the letters Mom in a way that represents a company or product then becomes a trademark.

You can use the word mom anywhere you want.

 

[Wilson Grant Fisk]

So with that logic, I can use any trademarked words perfectly if I don't use the same logo, font, image, style, and misuse their brand right?

Not necessarily, if a TM is only linked to one brand then you wouldn't be able to use it. Especially if it was a made up brand name.
Dictionary words can be trademarks, so if you want to use one then it can't be related to another brand/company.
If in doubt consult a Lawyer.

Can I Trademark Dictionary Words?

And the answer to that question is, yes, as long as you are not trying to to register as a trademark the words that describe what it is that you do.

So Apple is a registered trademark, but Apple did not get trademark for apples. They got their trademark for stuff related to computers. Same thing with Windows. Windows is a dictionary word, but they are not in the business of selling windows, they are in the business of selling software.

Likewise, you can't trademark the word Chair if you’re selling chairs, but you can easily register the trademark Chair, if you're selling apples.

Just because the name is a dictionary word does not necessarily mean that you can’t trademark it. You have to be careful to make sure that the name does not describe, or doesn't point to the specific product or service that you’re using and trying to protect as a trademark.

But just because it's found in a dictionary doesn't mean that it can't be trademarked.

https://trademarkfactory.ca/faq/can-i-trademark-dictionary-words
https://www.google.com/search?q=Dictionary+words+can+be+trademarks

 

[MisterF]

You can't pass yourself off as being that product / brand etc.

We have trademarks for some of our stuff, all legal papers etc.

 

[EternalFun]

There are no trademarked words. There are trademarks.

This line cleared my view.

Mom is a English word that cannot be patented or registered in any way.

But a stylized version of the letters Mom in a way that represents a company or product then becomes a trademark.

You can use the word mom anywhere you want.

Thanks for clearing in a simple way.

Not necessarily, if a TM is only linked to one brand then you wouldn't be able to use it. Especially if it was a made up brand name.
Dictionary words can be trademarks, so if you want to use one then it can't be related to another brand/company.
If in doubt consult a Lawyer.

Can I Trademark Dictionary Words?

And the answer to that question is, yes, as long as you are not trying to to register as a trademark the words that describe what it is that you do.

So Apple is a registered trademark, but Apple did not get trademark for apples. They got their trademark for stuff related to computers. Same thing with Windows. Windows is a dictionary word, but they are not in the business of selling windows, they are in the business of selling software.

Likewise, you can't trademark the word Chair if you’re selling chairs, but you can easily register the trademark Chair, if you're selling apples.

Can't thank you enough for such a clear explanation.

Just because the name is a dictionary word does not necessarily mean that you can’t trademark it. You have to be careful to make sure that the name does not describe, or doesn't point to the specific product or service that you’re using and trying to protect as a trademark.

But just because it's found in a dictionary doesn't mean that it can't be trademarked.

https://trademarkfactory.ca/faq/can-i-trademark-dictionary-words
https://www.google.com/search?q=Dictionary+words+can+be+trademarks

Thanks for the video link.

 

[rinaldohack]

there are no trademarked word.
like you can make shirt with word or image "apple" in it, if you really mean that fruit that you can eat.

apple inc., whole different case. unless you're someone from apple inc. and really allowed to make that shirt.
there's a reason why apple t-shirt that was used by genus bar wasn't sold anywhere ...

 

[EternalFun]

One last thing, suppose a word is trademarked for a t-shirt in the UK. Can anyone from the US or any part of the world use that word for a similar business?

 

[Zwielicht]

Thread Moved​

 

[rinaldohack]

One last thing, suppose a word is trademarked for a t-shirt in the UK. Can anyone from the US or any part of the world use that word for a similar business?

You can.
IKEA is already a registered name in Indonesia before the IKEA with that furniture. And IKEA furniture actually lost.

News in indo : https://m.cnnindonesia.com/ekonomi/...451/ikea-kehilangan-merek-dagang-di-indonesia

 

[EternalFun]

You can.
IKEA is already a registered name in Indonesia before the IKEA with that furniture. And IKEA furniture actually lost.

News in indo : https://m.cnnindonesia.com/ekonomi/...451/ikea-kehilangan-merek-dagang-di-indonesia

Thank you so much

 

[rinaldohack]

Just be aware that a name can be patented in more than one country.

 

[EternalFun]

Just be aware that a name can be patented in more than one country.

So, it's just best to trademark it in every country if it's a potentially big business, right?

 

[rinaldohack]

^ yes.