Trademarking Common Terms Guide

Summary

Physical objects like megaphones and earbuds cannot be trademarked, but their brand names or logos can be. General terms like alarm, magazine, and times are not trademarked unless associated with a specific brand. Using Times with a fictional city name for a newspaper in an animated project is generally not considered trademark infringement. Always check the U.S. Patent and Trademark Offices database and consult a legal professional for specific guidance.

Full Conversation

Are megaphones trademarked?
Hello Sean, in the US, physical objects like a megaphone can't be trademarked. However, the brand name or logo on it can be. Is there a specific brand or logo you're concerned about?
I just needed to know and you told me. Now what about earbuds?
Just like megaphones, earbuds themselves cannot be trademarked in the US. However, their brand name, logo, or specific design elements could be protected under trademark law. Is there a particular brand or design you're interested in?
I look up earbuds and it said the name is apparently trademarked
Sean, if the name of the earbuds you're looking at is trademarked, it means that the company has legal protection over its brand name in the U.S. Are you planning to use this name for your own product or business?
No but you lied to me
I'm sorry if there was any misunderstanding, Sean. Just to clarify, a specific brand name of earbuds can indeed be trademarked, while the general term "earbuds" cannot. Is there anything else you'd like to know?
Are poms trademarked?
"Poms" in general cannot be trademarked in the U.S. However, a specific brand name or logo associated with "poms" can be trademarked. Is there a specific brand you are referring to?
No, if I’m not trying to refer to a specific brand it’s not trademark infringement right?
That's correct, Sean. If you're not using a specific brand's trademarked name or logo, it's generally not considered trademark infringement in the U.S. However, similar designs or names can sometimes cause legal issues. It's advisable to consult with a legal professional for detailed guidance.
Well I include smart phones in something planned but they’re not meant to be like iOS or Android phones
Sean, it sounds like you're planning a product or business involving smartphones. To clarify, are you concerned about potential trademark issues related to specific smartphone brands or operating systems like iOS or Android?
A little but as an accident, because I’m trying NOT to copy those
If you're trying not to copy specific brands or systems, ensure your product is distinct enough to avoid confusion. However, it's advisable to consult a trademark attorney for specific guidance.
I mean it can have common features like messaging, camera, a home screen, and a button to access the home page right?
Yes, Sean. Common features like messaging, camera, a home screen, etc. are universal to smartphones and are not trademarked. However, any design elements or software unique to specific brands should be avoided to prevent potential issues. Consulting with a patent or trademark attorney would be beneficial.
Is “alarm” trademarked?
The term "alarm" as a general term cannot be trademarked in the U.S. However, if used as a brand name or associated with a specific logo or product, it could potentially be trademarked. It is always advisable to check the U.S. Patent and Trademark Office's database for specific trademarks.
Is the word “magazine” trademarked?
The term "magazine" on its own is not trademarked in the U.S. It can be used freely unless associated with a specific brand name or logo. Always check the U.S. Patent and Trademark Office's database for specific trademarks.
Is the word “times” trademarked in the use of news articles?
The term "Times" could potentially be trademarked if associated with a specific news publication, such as "The New York Times". However, simply using the word "times" in a news article doesn't infringe on a trademark. Always check the U.S. Patent and Trademark Office's database to ensure.
For example if I made a fictional city name like Greenhaid and called a newspaper Greenhaid Times
If you create a newspaper called "Greenhaid Times", it's unlikely to infringe on trademarks as long as "Greenhaid" is fictional and not associated with existing brands. However, it's always advisable to do a thorough search in the U.S. Patent and Trademark Office's database to ensure no conflicts.
So I can use it in my animated project?
Yes, you can generally use a fictional city name like "Greenhaid Times" in your animated project. However, it's recommended to conduct a thorough search in the U.S. Patent and Trademark Office's database to ensure no conflicts. It's also advisable to consult a legal professional for specific guidance.
So if the contextual word “Times” is added on a newspaper for a fictional city it’s not infringing the trademark of Los Angeles Times or New York Times?
Yes, generally, using "Times" with a fictional city name for a newspaper in your project should not infringe on trademarks like "Los Angeles Times" or "New York Times". However, conduct a search in the U.S. Patent and Trademark Office's database to ensure no conflicts and consider consulting a legal professional.