Trademark Problem.?
My friend and I have started a clothing line. If our cross has been trademarked by a company that sell ( I.E. Electronics or computer equipment ) are we able to still use the name? How is here any way around this.
Answers: Determining if marks infringe can be tricky and respectively situation varies from another.
The general rules to hang on to in mind are:
1) Are the names similar within Sound, Appearance or Meaning?
2) Are the industries the same or similar to one another?
3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?
4) Do the trade areas cross? What roughly the advertising routes -- are the products/services advertised within common places?
Here's what the USPTO has to read aloud about this matter:
"The principal factor considered by the examining attorney in determining whether there would be a chance of confusion are:
the similarity of the marks; and
the commercial relationship between the goods and/or services nominated in the application.
To find a conflict, the marks do not own to be identical, and the goods and/or services do not own to be the same. It may be enough that the results are similar and the goods and/or services related."
It's best to contact a private search company or a trademark attorney to assist you within determining if this will be a problem or not.
Hope that helps! I wish you much nouns & happiness in adjectives your ventures!
NO!
From what i understand,they hold a trademark for that name and it cannot be used.
If you do,im sure they will have lawyer contact you to "cease and desist" using it..if you dont,then they will lift legal action.
Consult beside a trademark/patent/copyright attorney only.
Not an attorney that handles heaps a different type of law.
Only one that practices this specific law simply.
The U.S. Chamber of Commerce is an example of an?
Why do associates blame everything on the airlines?
Hot topic and outsourcing?
Schneider trucking rating?
Government bonds at 60% interest return and grease stocks near a 200% profit. Who is profiting at our expense?
Companies contained by Iraq?
Out of state routing number on check w/local address?
What is the point of Brand nickname clothing?
Answers: Determining if marks infringe can be tricky and respectively situation varies from another.
The general rules to hang on to in mind are:
1) Are the names similar within Sound, Appearance or Meaning?
2) Are the industries the same or similar to one another?
3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?
4) Do the trade areas cross? What roughly the advertising routes -- are the products/services advertised within common places?
Here's what the USPTO has to read aloud about this matter:
"The principal factor considered by the examining attorney in determining whether there would be a chance of confusion are:
the similarity of the marks; and
the commercial relationship between the goods and/or services nominated in the application.
To find a conflict, the marks do not own to be identical, and the goods and/or services do not own to be the same. It may be enough that the results are similar and the goods and/or services related."
It's best to contact a private search company or a trademark attorney to assist you within determining if this will be a problem or not.
Hope that helps! I wish you much nouns & happiness in adjectives your ventures!
NO!
From what i understand,they hold a trademark for that name and it cannot be used.
If you do,im sure they will have lawyer contact you to "cease and desist" using it..if you dont,then they will lift legal action.
Consult beside a trademark/patent/copyright attorney only.
Not an attorney that handles heaps a different type of law.
Only one that practices this specific law simply.