Caps v. lower case for TMs - Miller IP

Caps v. lower case for TMs

Does capitalization matter for trademarks?

Get a trademark with caps or lower case

If a company has a registered trademark on "HAPPY", can someone else still use the lower case version of the word (happy) without infringing on any trademarks or copyrights?

Usually, capitalization, font, letter size, and so forth are not relevant for a trademark unless the trademark is for a design and not a word. Where many trademarks are word marks, the typesetting factors are not involved.

Additionally, trademarks are associated with particular goods or services. Accordingly, one person may have the trademark Happy for food, another person may potentially have the same mark for automobiles, and another person can have the same mark for legal services without the people infringing on each other's trademarks even though they are for the same word.

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Example Specimens/Evidence of Trademark Usage in Commerce - Miller IP

Example Specimens/Evidence of Trademark Usage in Commerce

Evidence of Use for Trademark In order to acquire and maintain a trademark registration, you must prove you are using the trademark in the marketplace/commerce...

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