Copyright/Trademark Bro tip?

[parnell]

I looked up "Brotip" in the copyright database and it is not registered. However Brotips.com has "brotips" and "brotip" as a trademark.

Can I use any of these or "bro tip" an object to be sold that says something along the lines of:

"Brotip: Use magnets to (steal) aquire infinite profit

[hagaleah]

You don't copyright a phrase, you trademark it. That's why you didn't see it in the copyright database

But you've seen that the term has been trademarked.

If the term is trademarked, there is a very strong likelihood that they will go after you and issue a cease and desist order. Some trademark owners are more protective of their marks than others. One time I reviewed a book and used a phrase to describe the book, and the trademark owner of the phrase went after me with blazing legal guns forcing me to change the title of my book review.

And if Brotips.com guards their mark like a hawk, you're in for a legal fight

I suggest you simply think of other terms -- and steer clear of trademarked names

[aswynn81]

You cannot use someone else's existing trademark, or anything similar, to market your own goods or services in any related field, whether or not their trademark is registered (under US state and federal law).

Unlike what someone else has said, it is NOT a violation to simply reference someone else's trademark, such as using the name in the title of a review. For instance, I could say, "McDonalds Restaurants Golden Arches Somewhat Tarnished in Zoning Fray", and it would not violate anyone's trademarks and there would be no merit to any legal action brought to prevent me from publishing the article anywhere.

In your case, if the existing trademark is related to anything you're selling, you're looking for trouble, especially if they have gone to the trouble and expense of having it registered federally. On the other hand, if their trademark is not particularly strong (i.e., it means lots of OTHER things too), you could argue that they have not acquired the right to stop you, even if their trademark is already registered. Trademark examiners sometimes make mistakes, and sometimes applicants misstate the evidence of the strength of their brand.

[hwistlere31]

You cannot use someone else's existing trademark, or anything similar, to market your own goods or services in any related field, whether or not their trademark is registered (under US state and federal law).

Unlike what someone else has said, it is NOT a violation to simply reference someone else's trademark, such as using the name in the title of a review. For instance, I could say, "McDonalds Restaurants Golden Arches Somewhat Tarnished in Zoning Fray", and it would not violate anyone's trademarks and there would be no merit to any legal action brought to prevent me from publishing the article anywhere.

In your case, if the existing trademark is related to anything you're selling, you're looking for trouble, especially if they have gone to the trouble and expense of having it registered federally. On the other hand, if their trademark is not particularly strong (i.e., it means lots of OTHER things too), you could argue that they have not acquired the right to stop you, even if their trademark is already registered. Trademark examiners sometimes make mistakes, and sometimes applicants misstate the evidence of the strength of their brand.

Even if your name "bro tip" is spelled with a separation and is slightly different; if there is "confusion" with a trademarked name you may still ahve legal issues because sometimes names that are 'close enough to cause confusion' in the public can still be found a "violation". Better advice on this is found at your local SBA or SBDC office.