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Imaginarium is a toystore, a museum, and a great many other things around the world, the Spanish toystore,( I think they are Spanish) has trademarked the word, does that mean no one can use it? I'm an aspiring writer and although I was never under the illusion that I made it up exclusively, can I still use it? Thanks for taking the time to reply.

2007-11-08 09:55:12 · 1 answers · asked by ThereisEnough 2 in Arts & Humanities Visual Arts Drawing & Illustration

1 answers

Use of that word, when refering to a commercial enterprise, must mean that particular store. To use that word and apply it to a competitor's store would be inappropriate and could cause suit for commercial damages. For example the following advert would invite a lawsuit-

"If you are looking for imaginarium, go to Smiths Toyshop"

- if Smith is not the holder of the trademark. The public owns the word, but the grant of trademark is allowed to prevent confusion in marketing. If you use the word in a totally different context, then the trademark does not apply.

2007-11-11 04:50:58 · answer #1 · answered by lare 7 · 0 0

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