Use of location in a brand name?

[cgray25]

I'm developing a product that is based around an Americana styling - however, it has no actual association to America other than the brand style.

The intention wouldn't be to mislead, it's simply about styling (it would say made in the UK on the product). From a legal perspective, would I be allowed to call it e.g. American Red Socks?

If not, I gather a way around this may be to call it "American Style Red Socks", or perhaps even "Americana Red Socks"? (as "Americana" refers more to a style/theme)?

 

[Paul Kelly ICHYB]

Is there a company or brand that would object to or uses similar to American Red Socks?

 

[Hughj11]

There is a thin line between being misleading and potentially false advertising and simply referring to a style. It's generally impossible to say without the specifics and you should talk to a trademark attorney for legal advice.

Not sure if it's worth mentioning that you should take into account previous trademarks.

 

[cgray25]

Thanks both - good points. I haven't found anything similar as a brand name but it's a pretty descriptive/generic name (which is fine for the discount channel it's aimed at), so I guess I'll need to refer to a lawyer.

 

[Hughj11]

If it is generic and/or descriptive, then you probably wouldn't have to worry about trademarks since names that are descriptive/generic are unregistrable.

If you want to do a quick search, google TMView. It's a free search tool and is good for initial searches for trademarks!