zlacker

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1. superm+(OP)[view] [source] 2023-02-03 13:12:26
Trademarks are for specific categories of goods/services. The trademark is for:

  - Audiovisual media
  - Books
  - Clothing
  - Toys
  - Entertainment events
replies(1): >>runako+12
2. runako+12[view] [source] 2023-02-03 13:22:16
>>superm+(OP)
The USPTO record for this trademark includes several more categories:

https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4803:lq...

In particular, if I ran this business, I would be concerned that I was infringing on this part of the trademark:

"( computer software for use in downloading audio, video, still and moving images and data in compressed and uncompressed form from a computer or communication network; )) [ computer software for use in database management; downloadable electronic publications, namely, magazines, books, newsletters, pamphlets, printed guides, catalogues, manuals and programs featuring entertainment, instruction, education, sport and news; ] "

That said, IANAL and specifically IANAIPL so as I said just a heads-up.

replies(1): >>superm+8h
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3. superm+8h[view] [source] [discussion] 2023-02-03 14:46:43
>>runako+12
Its for the media. i.e. it would need to be a downloadable piece of software that you run. SaaS is a different category entirely.

Also, regardless of trademark registration, its legally only trademark infringement if it is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

I doubt anyone is going to confuse a fictional time-ship (or related paraphernalia) with a SaaS providing crypto pricing (or whatever it is they do), or believe that they are made by the same organization.

But I suppose people do litigate this stuff (or threaten to...), regardless of the spirit and letter of the law.

replies(1): >>runako+cv
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4. runako+cv[view] [source] [discussion] 2023-02-03 15:40:52
>>superm+8h
As you sound like an IP lawyer, I will defer. But would still suggest the OP get a written opinion for his specific case from his own IP lawyer.
replies(1): >>superm+AH1
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5. superm+AH1[view] [source] [discussion] 2023-02-03 20:16:52
>>runako+cv
Not an IP lawyer, not giving advice. Just aware of what a trademark is and isn’t.
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