185+ Lawyers are online 
Trademarking brand name which is a phrase already used in movies
15-Apr-2025 (In Trademark & Copyright Law)
I am looking to start a online clothing business for LGBTQ community and for people dealing with mental health issues, I want to use the brand name as "Mutant and Proud " This phrase Mutant and Proud is being used in Marvel comics and movies for decades, I need assistance with this please
Well, you cannot use this phrase if it has already been booked or kept reserved by any business or brand offering same services or products which you have been offering or if such phrase has already been in use by any business or brand offering same products or services which you have been offered since years by using that phrase as goodwill.
Helpful?
Adv. Pankaj Bajaj
Pune | 700+ Answers
Chat
“Mutant and Pride” is a phrase prominently used in Marvel movies. That raises two concerns:
a. Trademark
Marvel/Disney may own trademark rights over this phrase, especially in categories like merchandise (clothing, accessories, etc.).
If it’s trademarked for apparel or similar goods, using it could risk a trademark infringement claim.
b. Copyright
While short phrases can’t be copyrighted, if the phrase is considered distinctive and iconic, it may still fall under the protection umbrella through brand identity.
Helpful?
Adv. Parvez
Mumbai | 50+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Trademark & Copyright lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
