Legal Question in Intellectual Property in California

I am creating a podcast and Youtube channel, with the intention of making money. The name I would like to use is "Thr33BlindMice". I did a search on tess and this exact phrase is not trademarked, but obviously this is a take off of three blind mice which is trademarked and/or copyrighted. Does anyone know if I can use this or not?

Thanks!!!


Asked on 6/27/12, 12:41 pm

2 Answers from Attorneys
Omid Khalifeh Omni Legal Group

It would depend on several factors including what class it was originally filed under.

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Answered on 6/27/12, 1:32 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It's only a guess, but I'd say that if you meet the other requirements including use in interstate commerce, that the USPTO would grant the trademark. Your risk is the application fee and a perhaps greater risk of being accused of infringing someone else's mark if you continued to use it after being rejected. It seems sufficiently different from the ordinary rendering of "three bilnd mice" using all letters to be separately registered, especially if in a different product or service class.

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Answered on 6/27/12, 5:21 pm


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