FIguring out trademarks (Help, legal)

[Sharif]

So I am looking to name a youtube channel InsertTheName NL. but the issue is there is 2 movies trademarking the name InsertTheName, a song also exist with that name too, by slapping on NL can I get away with having the name I want? 

Is it an issue to begin with, as the movie and song has nothing to do with my content? 

[TetraSky]

Probably wouldn't work because while you can trademark something that already exist for something else, it is usually only if it is completely unrelated to the "same field". IE; movie production, music production, Food business, etc... (Not exactly these specific terms, you enter some legal garble at that point)

 

The fact that there are movies of the same name and you want to make a youtube channel with that name, you are unlikely to be awarded a trademark for it since it's video content creation which could fall under the same category as movies does.

 

When it comes to branding, you really should come up with your own unique brand instead. That way when someone search for it on Google or elsewhere, they get YOU and not something completely unrelated. It's all about the SEO these days and using a pre-existing name is just asking for trouble on all sides.

 

Trademark laws can vary depending on the country so you may be better off consulting a legal expert in your region on the matter.

 

 

As an example, here's two trademarks for the word "Linus" that are approved and registered in Canada :

https://www.ic.gc.ca/app/opic-cipo/trdmrks/srch/viewTrademark?id=1498269&lang=eng&tab=reg&posNum=1&search={"selectField1"%3A"tm"%2C"textField1"%3A"Linus"%2C"category"%3A""%2C"type"%3A""%2C"status"%3A""%2C"viennaField"%3A[]%2C"searchDates"%3A[]%2C"selectMaxDoc"%3A"500"%2C"language"%3A"eng"}&length=25&start=0

 

https://www.ic.gc.ca/app/opic-cipo/trdmrks/srch/viewTrademark?id=1320858&lang=eng&tab=reg&posNum=2&search={"selectField1"%3A"tm"%2C"textField1"%3A"Linus"%2C"category"%3A""%2C"type"%3A""%2C"status"%3A""%2C"viennaField"%3A[]%2C"searchDates"%3A[]%2C"selectMaxDoc"%3A"500"%2C"language"%3A"eng"}&length=25&start=0

 

One deals in "vehicles" (with specific mentions of "bikes") and the other in medical supplies. They are both allowed to exist because they deal in different things.

[Sharif]

  

On 9/7/2020 at 12:33 PM, TetraSky said:

Probably wouldn't work because while you can trademark something that already exist for something else, it is usually only if it is completely unrelated to the "same field". IE; movie production, music production, Food business, etc... (Not exactly these specific terms, you enter some legal garble at that point)

 

The fact that there are movies of the same name and you want to make a youtube channel with that name, you are unlikely to be awarded a trademark for it since it's video content creation which could fall under the same category as movies does.

 

When it comes to branding, you really should come up with your own unique brand instead. That way when someone search for it on Google or elsewhere, they get YOU and not something completely unrelated. It's all about the SEO these days and using a pre-existing name is just asking for trouble on all sides.

 

Trademark laws can vary depending on the country so you may be better off consulting a legal expert in your region on the matter.

 

 

As an example, here's two trademarks for the word "Linus" that are approved and registered in Canada :

https://www.ic.gc.ca/app/opic-cipo/trdmrks/srch/viewTrademark?id=1498269&lang=eng&tab=reg&posNum=1&search={"selectField1"%3A"tm"%2C"textField1"%3A"Linus"%2C"category"%3A""%2C"type"%3A""%2C"status"%3A""%2C"viennaField"%3A[]%2C"searchDates"%3A[]%2C"selectMaxDoc"%3A"500"%2C"language"%3A"eng"}&length=25&start=0

 

https://www.ic.gc.ca/app/opic-cipo/trdmrks/srch/viewTrademark?id=1320858&lang=eng&tab=reg&posNum=2&search={"selectField1"%3A"tm"%2C"textField1"%3A"Linus"%2C"category"%3A""%2C"type"%3A""%2C"status"%3A""%2C"viennaField"%3A[]%2C"searchDates"%3A[]%2C"selectMaxDoc"%3A"500"%2C"language"%3A"eng"}&length=25&start=0

 

One deals in "vehicles" (with specific mentions of "bikes") and the other in medical supplies. They are both allowed to exist because they deal in different things.

 

I completely forgot about SEO in the long run, it's kinda like the issue with this motorcycle store called fortnine, and the video game.

 

Sorry for the late response, the name I had in mind was Rocketman NL, I picked up the nickname at a training school, but later loved it for the fact that it's easy to remember, and simple. 

Might need to figure something out, it's more trouble than it's worth. Using my own name is an option, but It'll make growing harder initially.  

[HM-2]

I doubt you'll have too much of an issue if I'm honest. You would only usually fall foul of Trademark regulations if you impersonated a logo, aesthetic or expression related to other articles sharing the name "RocketMan".

 

Trademark cases involving huge companies like Apple usually ride on the fact that the brand name is so well known and understood that anything bearing similarity in either aesthetic or nomenclature could be construed as liable to confuse. In reality I suspect the vast majority of these cases would fail in court (and a significant proportion that have made it that far do) but many smaller orgs can't afford to fight big corporates so it ends up cheaper just to change their name.

[TetraSky]

4 hours ago, HM-2 said:

I doubt you'll have too much of an issue if I'm honest.

4 hours ago, HM-2 said:

Trademark cases involving huge companies like Apple usually ride on the fact that the brand name is so well known and understood that anything bearing similarity in either aesthetic or nomenclature could be construed as liable to confuse.

Considering they want "Rocketman", a name associated with Elton John, a well known musician, they are very likely to run afoul of the lawyers both on the music side and the movie side if they gain any sort of popularity.

I very doubt OP won't have any issue with that one. Even more so considering the Rocketman movie literally just came out last year and is a title associated with Elton John.

 

Now if we consider SEO, their youtube page will be buried so deep it won't even be funny.

 

(Then there's the whole Trump calling Kim Jong Un "Rocketman" as well... Do you really want to be associated to that, OP?)

 

 

Now if it were just the old Rocketman movie from 1997, that would've probably been ok.

[HM-2]

33 minutes ago, TetraSky said:

Considering they want "Rocketman", a name associated with Elton John, a well known musician, they are very likely to run afoul of the lawyers both on the music side and the movie side if they gain any sort of popularity.

I very doubt OP won't have any issue with that one. Even more so considering the Rocketman movie literally just came out last year and is a title associated with Elton John.

That's a question of copyright rather than trademark, though. If the movie's production company, or Elton himself, owns the copyright to the term "RocketMan" in the context of film and video entertainment, then you might run into issues if you intend on financially profiting from your channel. 

[Sharif]

13 hours ago, HM-2 said:

I doubt you'll have too much of an issue if I'm honest. You would only usually fall foul of Trademark regulations if you impersonated a logo, aesthetic or expression related to other articles sharing the name "RocketMan".

 

Trademark cases involving huge companies like Apple usually ride on the fact that the brand name is so well known and understood that anything bearing similarity in either aesthetic or nomenclature could be construed as liable to confuse. In reality I suspect the vast majority of these cases would fail in court (and a significant proportion that have made it that far do) but many smaller orgs can't afford to fight big corporates so it ends up cheaper just to change their name.

 

9 hours ago, TetraSky said:

Considering they want "Rocketman", a name associated with Elton John, a well known musician, they are very likely to run afoul of the lawyers both on the music side and the movie side if they gain any sort of popularity.

I very doubt OP won't have any issue with that one. Even more so considering the Rocketman movie literally just came out last year and is a title associated with Elton John.

 

Now if we consider SEO, their youtube page will be buried so deep it won't even be funny.

 

(Then there's the whole Trump calling Kim Jong Un "Rocketman" as well... Do you really want to be associated to that, OP?)

 

 

Now if it were just the old Rocketman movie from 1997, that would've probably been ok.

The thing is, I haven't heard of the movie until I started reading around, did know the song, but that was about it.

 

I thought about a simpler name now, and will go with that, while replying actually lol 

 

Thanks to both of you! 

It's just a funsie motovlogging channel, since there isn't one in newfoundland and there is so much to explore and if I am doing it, might as well record and document it too.