I want to use a name that is already trademark in Puerto Rico, and I want to start a Magazine. Can I use the name even if it’s trademarked already?

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I want to use a name that is already trademark in Puerto Rico, and I want to start a Magazine. Can I use the name even if it’s trademarked already?

I’m starting a Magazine and the name that I would use is already trademarked, by a company, it’s a travel tourist website that deals with travel and business. It’s associated with Puerto Rico tourist company. My magazine is a state community magazine, which will have information for people from different states. If I put the word Magazine behind the name does it make it different and is not affected by the trademark protection law. The first part of the name of the Magazine is trademarked by a different company. Does it make it different by putting a different word after the first word. Thank u

Asked on June 22, 2009 under Business Law, Illinois

Answers:

Ben Schneider / Schneider & Stone

Answered 11 years ago | Contributor

It is still possible for you to use the trademark, but there is no way to give a clear answer based on the information in your question.  You need to be very careful when doing something like this as you have the burden of showing you do not infringe an otherwise valid mark.

If you would like to talk about the details, feel free to give us a call at (847) 933-0300

Ben Schneider / Schneider & Stone

Answered 11 years ago | Contributor

It is still possible for you to use the trademark, but there is no way to give a clear answer based on the information in your question.  You need to be very careful when doing something like this as you have the burden of showing you do not infringe an otherwise valid mark.

If you would like to talk about the details, feel free to give us a call at (847) 933-0300


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