Is Be Fearless trademark protected

Answer 1

I assume you are referring to a federal registered trademark. A trademark indicates to a consumer who or what is the source of the good or service. So first, a trademark must be used in connection with a good or service. Second, it must be distinctive. On one end of the spectrum are inherently distinctive marks - those that are arbitrary, fanciful, or suggestive. One the other end are descriptive or generic marks. Generic marks can never be registered. For example, you cannot seek monopolize the mark "Water" for bottled water because everyone who sells that product has a right to identify the good. Descriptive marks may obtain protection if they have gained secondary meaning, which means that the mark has become so associated with the good/service in the minds of consumers that when the consumer hears or sees that mark, they connect to only one source (the user of the mark). Arbitrary and fanciful marks are words/designs/sounds, etc. that are so unique (and therefore distinctive) that it would be easy for the consumer to associate the good with the source in the marketplace. An example of an arbitrary mark would be "Apple" for computers. Suggestive marks rely on the consumer to use their imagination to connect the mark with the good/service. An example of this would be "Greyhound" for bus lines. It relies on the consumer to invoke their imagination to connect the swiftness of a greyhound to the nature of the bus line. So, it depends on the good or service you are providing or intend to provide under this mark. You should probably seek a trademark attorney or visit the website for the U.S. Patent and Trademark Office which registers federal trademarks. Their website is very user friendly.

**This is not legal advice.