I am starting a candy brand, selling gummy bears. I am hearing that the term "Gummy Bears" or "Gummi Bears" may be trademarked. Can I use th...

Question

I am starting a candy brand, selling gummy bears. I am hearing that the term "Gummy Bears" or "Gummi Bears" may be trademarked.

Can I use the term "Gummy Bears" on my packaging? I have a brand name, and then the term "gummy bears" below to describe the product. I see that many different companies use the term (either with a y or an i) on their packaging to describe the product.

Thanks for your help.

Answer

You might not be able to use "Gummi Bears" (or even "Gummy Bears") as a trademark, as it is likely granted trademark protection as a Hasbro mark, or otherwise. You might be able to use it to describe your product. However, IP is not clear-cut. How much your mark looked like a competitor's mark, how you marketed it, and many, many other factors would determine whether your mark might be potentially infringing or safe to use. Descriptiveness would likely be a defense, and you might be able to use it when describing your product. For an opinion regarding your particular usage of the mark, a qualified IP attorney would have to review your mark, usage, market, existing use, and other factors to determine potential rights and liabilities.

In the case of our firm, this can be accomplished for a low flat fee.

If you would like to discuss your matter further over a free and confidential phone consult, please contact me at your convenience.

Regards,

Michael J. Duffy

Duffy Law, LLC

1-888-414-5773

www.mduffylaw.com

1500 Market Street

12th Floor, East Tower

Philadelphia, Pennsylvania 19102

52 Berlin Rd.

Suite 3000

Cherry Hill, NJ 08034

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Answer

In addition, to my colleague's comment and before resorting to option letters by counsel, you can search the USPTO database of registered trademarks (available at http://www.uspto.gov/trademarks/index.jsp) to see what spelling is registered, if at all. In addition, you should take note if the other brands that use the term Gummy Bears have a TM or (R) next to the phrase.

If you have any further questions feel free to contact my office at your earliest convenience.

Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

email: Info (@) TheLegalist (dot) com

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.