Is this Oreo vs Oreos or can I still trademark?
April 4, 2010 12:52 PM Subscribe
Trademark help: I am starting a kids' toy line called "Italian Girls" or "The Italian Girls" but "Italian Girl" is trademarked already in the same category. Am I screwed? (Note that my actual interest is not "Italian Girls" but another country.)
posted by citystalk to law & government (10 answers total)
The LLC that filed the trademark did so as "Italian Girl, LLC" on June 3, 2009 but nothing further since then - Current Filing Basis 1B, Original Filing Basis 1B, nothing yet posted for opposition. Our logos are completely different, it's just that the category and desired usage is the same. AFAIK and can Google, they aren't doing anything with "Italian Girl" yet.
I have been working on a project for the past five years that will come to fruition this summer with the name "Italian Girls" and I will absolutely need to trademark it, and changing the name beyond adding "the" is NOT desirable.
1) Can I trademark "Italian Girls" or "The Italian Girls" in the same category as something called "Italian Girl"?
2) How long do I have to wait to see if they abandon "Italian Girl"?
3) Am I just totally screwed?