|
|
 |
|
|
|
|
|
|
|
 |
Page 5 of 8 |
Can a band use an already trademarked name? |
 |
Sometimes. For example, a mark that is primarily a surname does not qualify for protection under the federal trademark provisions unless the surname becomes well known or acquires a "secondary" meaning . However, once a last name acquires a secondary meaning in the marketplace (e.g., Sears, McDonald’s), it cannot be used by others whether or not the name is a registered trademark. In order for a band to register a mark that has already gained secondary meaning, permission from the namesake must be obtained.
(Reprinted with permission of Ruben Salazar, Esq.) |
| « View All Bands Pages |
Next Page » |
|
« Post Your Case |
|
|
|
|
 |
|
|
|
|
State Law Center | Legal Links | Site Map | Privacy Policy | Media | About Us | Contact Us