AboutShannon Moore, TradeMark Express Expertise I am able to answer the following types of questions: general trademark, general common-law, business start-up, research, name research, name creation, business name research, company name research, general copyright questions
Can not answer: Cannot & will not dispense legal advice; however, I am able to refer people to intellectual property attorneys who can assist with any legal questions
Experience Since 1992, TradeMark Express has offered their clients expert consultations, comprehensive research and expert analysis of complex trade name searches. If a trademark attorney is needed, we provide a free referral. TradeMark Express follows through with preparing AND filing trademark applications for the USPTO and Canada. We will also prepare applications for all 50 States. Since 1994, Shannon Moore has acted as General Manager, overseeing day-to-day operations and assisting clients with all of their trademark needs.
Question I am thinking of writing a book on Maine lighthouses, is there a chance that the lighthouse names could be trademarked and I am infringing on the trademark by using their names in describing the lighthouses in my book.
Answer Dear Janice,
This is called nominative use or comparative advertising. Here's what Wiki says:
"Nominative use is a term a defense to trademark infringement in the United States, by which a person may use the trademark of another as a reference to describe the other product, or to compare it to their own."
Since it doesn't sound like you're attempting to claim ownership, there shouldn't be an issue with you using the names to describe the lighthouses. Though I do recommend at least running your ideas by a trademark attorney as he/she may have questions or concerns unknown to me.
Please let me know if I can assist you further. Thank you!
Hope that helps! I wish you much success & happiness in all your ventures!
