Anyone knowledgeable in Trademark law?

[OROD]

I have a simple (I think) question about Trademarks and figured someone here might know something about this.

Question is: I'm working on an iPhone game which I want to name X. X is not already registered as a Trademark. However, there's a free Flash game online that is also called X. The free game doesnt use the "tm" symbol or claim to be a Trademark in any way that I can tell. Can I still use the name X? Also, can I use the "tm" symbol and claim "X" as a Trademark once my game is for sale?

Thnx.

[oiuyt]

FNet user "arc" knows about trademark law. He's recently been involved in protecting US Fencing's various marks (trademarks, wordmarks, and service marks.... I'm assuming he even knows the differences between those!!!! ).

-B

[Greybeard]

They might own it under a "poor man's trademark" or you could have a case of it becoming public through the boadcasting and use of it. I am a lawyer and not yours. Where did you tty and check it the USPTO?

[OROD]

They might own it under a "poor man's trademark" or you could have a case of it becoming public through the boadcasting and use of it. I am a lawyer and not yours. Where did you tty and check it the USPTO?

I did a search of the USPTO database, nothing turned up. As far as I know there's really no such thing as "poor mans trademark" or patent. Once you use a name for your product it's automatically trademarked, at least that's what the patent office says in it's documentation. I guess what I'm thinking, as a layman, is that "trademark" implies trade, as in a product that's being sold. Am I wrong about this? So, if someone has a game that is free, I'm thinking that there's no automatic trademark since, well, it's free.

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[Wetmelon]

I have a simple (I think) question about Trademarks and figured someone here might know something about this.

Question is: I'm working on an iPhone game which I want to name X. X is not already registered as a Trademark. However, there's a free Flash game online that is also called X. The free game doesnt use the "tm" symbol or claim to be a Trademark in any way that I can tell. Can I still use the name X? Also, can I use the "tm" symbol and claim "X" as a Trademark once my game is for sale?

Thnx.

You shouldn't have a problem if there's not indication of a TM. Also, "X" is such a generic name that it probably CAN'T GET trademarked..

But Idk, I'm just posting cuz you play CS Pro Mod

[OROD]

You shouldn't have a problem if there's not indication of a TM. Also, "X" is such a generic name that it probably CAN'T GET trademarked..

Oops, sorry... I was using "X" in place of the actual name. That would be pretty hilarious if I was actually going to call my game "X".

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[noodle]

I have a simple (I think) question about Trademarks and figured someone here might know something about this.

Question is: I'm working on an iPhone game which I want to name X. X is not already registered as a Trademark. However, there's a free Flash game online that is also called X. The free game doesnt use the "tm" symbol or claim to be a Trademark in any way that I can tell. Can I still use the name X? Also, can I use the "tm" symbol and claim "X" as a Trademark once my game is for sale?

Thnx.

i mean, yes, you "can" use it. but this other flash game "X" would have very solid footing if they would want to enforce their trademark, as you're both in (close enough to) the same market. you do not have to register a trademark officially to enforce it, but registration does make the process easier as it grants you more specific rights.

[OROD]

i mean, yes, you "can" use it. but this other flash game "X" would have very solid footing if they would want to enforce their trademark, as you're both in (close enough to) the same market. you do not have to register a trademark officially to enforce it, but registration does make the process easier as it grants you more specific rights.

Yeah that's kind of my understanding of how it works, but does his use of the name still qualify for a trademark if he's not actually selling a product with that name?

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[noodle]

Yeah that's kind of my understanding of how it works, but does his use of the name still qualify for a trademark if he's not actually selling a product with that name?

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in this situation, yes, as i think a flash game would count as a service, which would be covered


also worth considering: even if you're in the right and do name your product "X", what are the odds that you'd hit some legal problems anyway? is it worth it? think the game will make you enough money to be able to deal with a legal dispute (even a small one)?

[OROD]

in this situation, yes, as i think a flash game would count as a service, which would be covered


also worth considering: even if you're in the right and do name your product "X", what are the odds that you'd hit some legal problems anyway? is it worth it? think the game will make you enough money to be able to deal with a legal dispute (even a small one)?

Well, I doubt that some guy with a free flash game will sue me for trademark infringement. But then again, I really dont know who the guy is. Maybe the free flash game "X" is Bill Gates' hobbie project.

I certainly would like to avoid problems, but coming up with good game names is really hard... and if I can legitimately use the name then I want to use it.

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[Fiat Slug]

Well, I doubt that some guy with a free flash game will sue me for trademark infringement. But then again, I really dont know who the guy is. Maybe the free flash game "X" is Bill Gates' hobbie project.

I certainly would like to avoid problems, but coming up with good game names is really hard... and if I can legitimately use the name then I want to use it.

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There is such a thing as common law trademarks. The law generally extend protection to the first use, not first registration.

If you go ahead and use "X" as the name/trademark for your product and become hugely successful, then that other guy might be motivated by *your* money and sue you then. Whether he wins or not is a separate matter. Do you want to spend the time and energy to battle such a lawsuit even if it turns out to be frivolous?

[OROD]

There is such a thing as common law trademarks. The law generally extend protection to the first use, not first registration.

If you go ahead and use "X" as the name/trademark for your product and become hugely successful, then that other guy might be motivated by *your* money and sue you then. Whether he wins or not is a separate matter. Do you want to spend the time and energy to battle such a lawsuit even if it turns out to be frivolous?

Yeah this is the kind of thing I'm worried about and I would certainly like to avoid such a case. I guess I just have to keep thinking of new names if I cant legitimately use "X".

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