What's a conflict? What is a strong resemblance?

Trademarks - What's a conflict? What is a strong resemblance?


Extensive research mark consisting of several layers:



Databases of global research, such as Lexis-Nexis and Dialog
In search of common ground, as synonyms, spelling variations of order and
Consultation with a trademark lawyer in the event of conflict or strong similarities

The most difficult is to regulate itself, which is potentially a problem for you and what not. If it is determined that further research is needed with the company or companies.

Let's see the difference between conflict and a strong similarity.

What is a conflict? The determination of a conflict is very simple - it is a mark that is exactly like yours. If the name and products / services are exactly the same, then there is a conflict.

What is a strong resemblance? These are difficult to establish and require analysis. A strong similarity is a name that is similar enough to be in sound, appearance and meaning similar confusion for the average consumer. Here are some examples of help to you:



Joe has a pending Federal Republic of brand for its retail car service called E 'in detail. Becky will call its new car service details are the details. They are crossing both with the same service and commercial space. This is a strong similarity on the basis of sound and image and the Federal Republic of Appeal pending Joe.

Maria is a federal trademark for its line of clothing, accessories Scary Mary's. Dan wants to use the name of Mary for her clothing line Wear terrible. This is a strong resemblance on the basis of the survey and recording of Maria federal.

Sam is a registered trademark of the State of California for its restaurant, Crabtastic Eats! and has no intention to expand outside the state and serves mainly local. Hannah's Restaurant, Crabtastic is in Maine. She has no plans to expand outside the state and serves mainly local. This is not a strong similarity in their various fields of trade is based.

Lorena online payroll, pay-up, in operation for 15 years and has customers all over the country. Genes with a start-line service called the wage-assistant payroll. None of them are trademarks. This is not a strong resemblance to the inequality in the name.

Of course there are exceptions to every situation. For example, similar marks can (in the name and products / services) that coexist peacefully, if both parties are comfortable with one another existence. This can happen if the commercial areas that do not cross (for example, is on the opposite coast), where individual consumers (for example, the sale to the private sector, while the other sells its products to the general public), etc.

Two important notes:

1) It 'important that the complete search was conducted to determine if the name is actually available or not. Finding the first free sites on the Internet is a great starting point, but remember that this is only the tip of the iceberg of what's out there.

2) The provision, which requires a conflict or a strong similarity of experience and is very easy to over or under-reaction to the marks you found. If you're not sure about all brands, contact a market research company logo or a lawyer for advice.

Well, once the similar marks were found, and determines the next step is to check into this to determine whether there is a likelihood of confusion between the two companies, if you want to be used commercially.

How do you go with your competitors again:



For federal trademarks: check the current status of the application by clicking on the Check Status USPTO site and entering the serial number in the box

What is a web search for the name and the trademark owner's name.

Information on calls to phone numbers and addresses for each company.

Contact any of the similarities, in particular to find out what they are doing, what are their business.

To ask specific questions:


What services do you offer? / What exactly is your product do?
I realize that they are in _________, which are currently in business outside of this area?
You have a web page that describes your business properly? Do you have a brochure you could send me or send a fax? "
The best thing is that you can not - just as the interest of consumers to act.

After checking the status of your application and contact the company directly, the next step is to discuss the results with a lawyer of the mark. He / she will help you identify the next steps.

* No right to possession, knowledge and responsibility for the staff referred to above and / or company name. The above examples are for informational purposes only and should only be regarded as such

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