Trademark Word Combos in Titles-Tags-Description

[urbanawhimsy]

Sorry in advance – I know this questions probably should post elsewhere, but at the moment there’s still some kind of glitch with the Forum dropdown offerings.  I just need to clarify this question and hopefully even on the tech thread someone can help........I know that trademarked words can't be used in Etsy tags/title/description, but what I’m a little confused about are word combinations that include a TM word.

For example, the work Pink is trademarked. It is my understanding that I could not use the word Pink as a standalone title or tag.  My question is would the title Pink Laminate (Laminate is not TM) get flagged as a TM violation because the work Pink is part of the title?

I’m using USPTO to ensure I’m not openly using TM words, but can I combine these single-word trademarks with another non-TM word and be "Etsy compliant" - - or should I completely and totally avoid ALL trademark words, even avoiding the use of them in a word-combination tag or title? I need clarification…..any advice regarding this is very welcome.

[CryzalisDesigns]

I have a listing "pink jaguar" when it is not a jaguar but a panther both words are trademarked as is pink panther.. but what else am I going to call it? it is pink and cat like, not anything else.

Words are a nightmare

[PillowDetails]

That old saying "it's 5 o'clock somewhere" ?

You can assume "it's trademarked somewhere " 

And yes, I use the tag "pink" to describe the color - have yet to receive a take-down from Victoria's Secret.

Same with jaguar - I'm sure I've used ot a time or two..

[CryzalisDesigns]

Might be safer to start listing with titles and descriptions which resemble charades  

[MyOrganisedHome]

I can certainly think of a few hand gestures which may be appropriate.

[BagmakerSupply]

@urbanawhimsy: Allowing for the fact that most AI bots on Etsy seem to flag words regardless of context, trademark protection is limited to the product(s) that the trademark covers. You can sell apples, but you cannot call your cell phones or computers an Apple without the trademark owner's permission. The reality is that most questions about permissible use of a trademark can only be definitely answered in a courtroom. To complicate things more remember that a trademark does not have to be registered to be enforceable.

[PrimFun]

Look at the goods and services for trademark use.  What is the word pink used for?  That makes the determination whether or not it can be used.  I doubt highly the color pink is trademarked alone.  It is probably in conjunction with other words and/or designs and the goods and services indicates what the trademark use is for. 

[urbanawhimsy]

I'm going to research the word again.  I'm not sure which goods and services it covers.  

[NoFrogsAllowed]

Pink is a popular color.  If you are not using it in reference to Pink, the person, or some company's trademarked color, then you should be fine.

[MyOrganisedHome]

Logically no, because pink was a colour long before the singer’s great, great grandparents were born.

However…

Another poster has said that their items were taken down for an IP infringement concerning two generic words in their description which, in combination, had been registered to a company in China.

So, frankly who knows?

Technical-Issues/Intellectual-Property-Notice-Dispute/ 

[Amaradorn · Accepted solution]

The word 'pink' is a common word - found in the dictionary and can be used in the context that is described by it's definition.

So, you can use word pink to describe the colour of your product. What you can't do is establish your own underwear* brand and call it PINK. You also cannot create products which relate to the pop star Pink. *Pink is also trademarked for other product types so it is worth checking that your product does not overlap with a category that has already been registered however some are specific illustrations and not just the word itself. 

[NancyQstudio]

This^^^^^^^

[urbanawhimsy]

Thank you!

[CraftyCornishMaids]

Pink is not trademarked for everything - it's not even  trademarked at all in the UK

and I couldn't find it at all in the world trademark database (WIPO)

there is 

pink pink

and

pink pink pink

and variations of pink with other words

which classification did you find it trademarked in? , and is your item related to that classification?

[urbanawhimsy]

Hi - I found it on USPTO website, but I'm not really focusing specifically on Pink...I was just using that in my example.  

[CraftyCornishMaids]

@urbanawhimsy 

the only ones with just "pink" by itself on USPTO have more then just the work Pink,

the ones with the one word, are dead or cancelled

If you uncheck "dead" you will only see the live or pending ones

the two dead ones were for wine and computer software only