Trademark question.

Using Tom and Jerry as an example here.
If someone registered Tom and Jerry as a trademark would it protect against someone trying to trademark Jerry and Tom? Making sure someone can't just swap around words.
Also does it registering Tom and Jerry register Tom & Jerry? Like does swapping the and for the & really change anything in legal terms of the trademark?

 

If I recall it right it's not necessarily illegal in the US to trademark a person's name, but it doesn't really grant a guaranteed protection. If that name is used in connection with a business name, then it's a different story. For instance, John Doe, even if trademarked can still be used by anyone else, however John Doe Body Shop can be disputed in court if there's more than one business sharing it.

Tom and Jerry is a trademarked name, by the way. I know it was just an example, but since I don't know what other names you would want to infringe upon you should really be seeking guidance from a lawyer. (http://www.trademarkia.com/tom-and-jerry-75509947.html)

 

There is no definite answer to your question. Ultimately, a court will have to rule on infringement and that is what matters, because getting to such court rulings is always very expensive and the plaintiff with the deepest pockets typically wins. You might think that you have a good, legal option with Gamble and Procter, but when Procter & Gamble's legal team buries you with motions, briefs, depositions, and hearings, you will feel quite differently.

So, the real question that you have to ask is do you want to start a business, put in all of this effort, etc., and once you become somewhat successful (and, therefore, on the potentially infringed party's radar screen) do you want to have to face a big legal battle to stay in business?

 

You can register a trademark that is either a Name, Logo or Phrase. However, remember that this is only for the US. If you would like to protect your trademarks in foreign countries, you will need to register with their foreign government. I have done both for conventional businesses.

Since getting involved with IM, before I choose a domain and/or company name, I check with the Trademark Office at uspto.org. This is so I am not infringing on a trademark. Hate to build a brand and find out later someone else had the name or mark or phrase.

The only way to find out if you can do the variations of names that are trademarked, would be to inquire with USPTO or hire an attorney who can better advise you.

Leilani

 

I have such an experian few years ago. I worked in company, that decided to register a trademark of its name. They waited for several month, because the name need to be checked. Another company had the same name, but with words swap and small prefix. But we finally registered a trademark. But you really need to do the checking process.

 

In theory, you should be able to use Jerry and Tom. However, remember that Trademarks really matter for industries as well. If I own the trademark for the word "Champion" and I use it for "Champion Chevrolet", then someone else uses "Champion Martial Arts", then they should be just fine.

Also, it depends if it is actually a Registered Trademark, or if you just use the TM attached. If the latter, then again, different industries can use your name. "Saturn" was a classic example. Saturn Cars was not fully Registered and I knew a company called "Saturn Cleaning Products" and they were allowed to continue doing business.

Long story short, as long as it is not ice cream, then YES! Jerry and Tom, in theory should be just fine.