Is the term "Neverland" trade marked?

1. 64

   ThompsonPenposted 10 years ago

   Is the term "Neverland" trade marked?

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2. 80

   Becky Katzposted 10 years ago

   If you Google it, it comes up as trademarked to Michael Jackson's estate. I guess the Peter Pan trademark expired.
   The trademark is also owned in the UK by a hospital, so I don't know.

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   1. 64

      ThompsonPenposted 10 years agoin reply to this

      My confusion exactly.

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   2. 83

      Laura Schneiderposted 10 years agoin reply to this

      It is confusing!
      
      TESS (see above) is the only official source of info in the US.
      
      Each country has its own similar registration system, so an (R) in the US may be totally different in another country. Safest: (R) in each country you care about.

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3. 83

   Laura Schneiderposted 10 years ago

   Go to the only official source on US trademarks, TESS (http://tess2.uspto.gov/bin/gate.exe?f=t … 6rqxjk.1.1) and be SURE to follow their warning:
   "WARNING: Before conducting your search, you must understand the following: (1) what the database includes; (2) how to construct a complete search; and (3) how to interpret the search results. Click TESS TIPS for detailed information on these and other important search topics."
   
   Just because you find a word in TESS/the US database does NOT mean that it is yet/still registered. Read up on it carefully. And, make sure you know the difference between a trademark and a registered (in TESS and designated as registered) trademark. Any old thing can be a "trademark", but fewer things are REGISTERED trademarks. Rule of thumb: if you don't want your competitor to use it, put a TM by it immediately and start the registration process if this will become major term for your company/use.

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   1. 64

      ThompsonPenposted 10 years agoin reply to this

      Thank you! That was very useful!

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   2. 83

      Laura Schneiderposted 10 years agoin reply to this

      You're welcome! I'm a tech writer and often work with company attorneys who handle such issues, so I'm happy to help! This isn't legal advice, but "Neverland" doesn't have a (R) number, currently, in TESS so it's TM in the US. Email me for more info.

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   3. 85

      tsmogposted 10 years agoin reply to this

      Adding to TESS was a book title? Or, an author first name? I do not remember now. An anagram here, so does that mean it has registry name of difference with usage being capitalized or with periods after the letters? Hmmmm challenging ideas for us
      tim

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4. 85

   tsmogposted 10 years ago

   Hello ThompsonPen. The reason for asking is maybe more than the question. I think Laura and Becky offer the jest of trademaking,which is similar to copyrighting law. From what research I did seeking the difference between registered trademark and such the key is financial. If "Neverland" is trademarked to a business entity that means they have rights as the law will share.
   
   The crux is if there is a financial gain from its usage rather than simply using it. This is from what little research I conducted and I am "not" and expert or lawyer within that field of specialty.
   
   In other words I invent a board game and call it "Neverland Kingdom." Would I have to pay the owner of "Neverland" trademark to use that name with the Board game? Or, if I did do it and it reached a marketable level or value worth the pursuit of seeking damages if applicable would be a question.
   
   I giggle saying the word "butterfly" or "Butterflies" probably is trademarked or registered while either an individual, family, or business entity waits on fame and fortune from a speculative marketplace. Ponder the famous conglomerate success "Strawberry Shortcake."
   
   tim

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   1. 83

      Laura Schneiderposted 10 years agoin reply to this

      Tim--Haha--"Strawberry Shortcake"... Love it!
      
      Just think about "Windows" (the operating system) and "Apple" (the computer/OS) and their really generic logos....how hard it is for them to defend THOSE generic trademarks/registered trademarks. Cheers!

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      tsmogposted 10 years agoin reply to this

      I giggle too Laura. A tech writer? How cool! I am proud of your journey, sharing in a sense from the years you have contributed here. I ponder Ben Franklin's family and Apple going at it about the Apple idea said with a giggle. Thanks for
      
      tim

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5. 45

   Ericdierkerposted 10 years ago

   You might want to look into categories. One word type trademarks can be trademarked. But the design also counts.
   But theoretically one could have a trademark "microsoft" for say: bedding or shampoo all along Microsoft has the one for computers.
   
   I definitely could register a neverland plumbing or funeral home or maybe a hot air balloon company. I do not think those would "cause confusion" with Jackson.
   
   One of my favorites is "Kleenex". I never heard the work tissue until I was like 16. Kleenex was just a brand of tissue, but the only one we had for ten years. Yes it was trademarked. But nobody knew it, they just called tissue kleenex.

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   1. 83

      Laura Schneiderposted 10 years agoin reply to this

      Great points! I totally agree on looking into categories (word mark vs. design/logo vs. SM), also.
      
      Kleenex--haha! They almost lost their (R), like Band-Aid bandages. These actually did: elevator, escalator, aspirin, zipper, dry ice, aspirin...

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