Can I Be Sued for Using a Trademarked Word on My Clothing Line?

[ikeism]

Jurisdiction

New York

I submitted a logo named "Viable Brands" for an upcoming men's t-shirt and underwear line to be trademarked. It should be approved because there is no other trademark under that name. I already have designs for my underwear line using the word, "Viable" on the waistband of the underwear as a play off the name on my logo, "Viable Brands." However, my issue is when I did a search on the word "Viable" on the USPTO website, I found that someone else already trademarked the word, "Viable" on the site under the category of "clothing." Could I get sued for using the word "viable" on my clothing line even with "Viable Brands" registered as my logo? Would the person have a legitimate case? This is stressing me out because I've been working on this for months and I would greatly appreciate any input.

 

[flyingron]

Let's get some terminology straight. Your words are trademarks if you use them in commerce. What you've submitted was an application for REGISTRATION of that trademark. You most certainly be sued and in fact, if there is found to be a likelihood of confusion, you could lose. You don't have registration yet. The other trademark holder can certainly object to you being granted registration. If there is no overlap really in your use. either in the product lines or geographic distribution, you might be OK.

 

[zddoodah]

Could I get sued

Yes.

Would the person have a legitimate case?

We have no way of knowing.

First, I assume and hope that the word "viable" is not the real word and is merely a placeholder. Second, one would need to fully understand what you're doing and review the existing trademark registrations to advise you.

This is stressing me out because I've been working on this for months and I would greatly appreciate any input.

Then you'd be completely foolish not to consult with a trademark attorney.

 

[ikeism]

Thanks for your responses. What if I altered the word "Viable" by adding letters to the end such as, "ViableNYC" or "ViableRAW" or "ViableXL?" Would that put me on firmer ground?

 

[army judge]

What if I altered the word "Viable" by adding letters to the end such as, "ViableNYC" or "ViableRAW" or "ViableXL?"

That has been tried by others.

Would that put me on firmer ground?

Probably not.

You do yourself a great injustice by seeking FREE advice regarding important financial, personal, and business matters.

You really need to hire yourself a lawyer and seek his or her PAID counsel.

 

[adjusterjack]

Thanks for your responses. What if I altered the word "Viable" by adding letters to the end such as, "ViableNYC" or "ViableRAW" or "ViableXL?" Would that put me on firmer ground?

No, not a bit.

A trademark lawsuit can put you out of business and in the poorhouse.

In the long run it will cost you less to change the name. Unless, of course, you are willing to pay for a license to the people who got their first.

 

[Michael Wechsler]

I do see a mark for the name in the trademark database although I can't find any instances of it actually being used in commerce - but that doesn't mean it isn't being used in commerce. There is also an attorney listed who filed for the mark. Impossible to know whether the trademark may have been abandoned but you would likely face an uphill battle. It is also possible that you might be able to modify your use of the name to some extent where a "likelihood of confusion" between your products would not occur. But that is not simply remedied by adding a handful of letters nor is not a question we can answer here and the answers are all fact specific for your trademark case. If you're very interested in pursuing this name retain an experienced trademark attorney and obtain a proper legal consultation.