Can I take a trademarked name and add to it to create my own trademarked name?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I take a trademarked name and add to it to create my own trademarked name?
So if
Asked on February 21, 2017 under Business Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, you can't do this: trademark includes the sole right to create adapted, derivative, or modified versions of the trademark. Taking a trademark and adding to it would be a violation or infringement of that trademark. You can use individual words from the trademark, if those words are themselves common or generic (e.g. instead of "Simon Says" in your example, you could very possibly do "Sally Says," using the word "Says," so long as the graphics, design, look, etc. are not close enough to the "Simon Says" mark as to infringe), but not the entirety of the trademark.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.