Trademarks - What is the conflict? What is a strong resemblance?

Extensive research mark consists of several layers:



Find comprehensive databases such as Lexis-Nexis and Dialog
Looking for similarities, such as synonyms, word order and spelling variants
Consultation with a trademark lawyer in the event of conflict or strong similarities

The hardest thing to see what's happening, what is not a potential problem for you and. Having established that further research about the company or companies is necessary.

First of all, discuss the difference between conflict and a strong similarity.

What is the conflict? Determine a conflict is very simple - no brand, just like yours. If the name and products / services are exactly the same, then there is a conflict.

What is a strong resemblance? These are hard to determine, and require analysis. A strong similarity is a name which is quite similar in sound, appearance or meaning, are confused with the average consumer. Here are some examples that will help you:



Joe is a trademark of the Federal waiting for her car detail service called E 'details. Becky will call their new car detail service, is in the details. Both are cross with the same service, and the commercial space. This is very similar in appearance and sound & Joe's pending Federal application is based.

Maria is a federally registered trademark on its line of clothing, accessories Scary Mary. Dan wants to use the name of Mary Terrible songs for her fashion line. This is a strong resemblance Meaning & Mary federal registration was based.

Sam has a California state trademark for his restaurant, eat Crabtastic! and has no plans to expand outside the state and serves mainly local. Hannah's Restaurant, is Crabtastic Maine. He also plans to expand outside the state and serves mainly local. This is not a strong similarity in their various fields of business is based.

Lorraine payroll online, pay up, in use for 15 years and has customers throughout the country. Gene wants to start an online service called pay payroll assistant. None of them had marks. This is not a strong resemblance to the difference of name-based.

Of course there are exceptions to every situation. For example, similar marks (names and products / services) can coexist peacefully, where both parties are comfortable with each other there. This can, if trade is an overlap of areas (eg away on the opposite coast), when selling to consumers (for example, an appeal to the private sector, while the other sold to the public), etc.

Two important notes:

1) It is essential that the global search performed to determine if the name is actually present or not. Free to find temporary sites on the web are a good starting point, but remember that this is only the tip of the iceberg of what is out there.

2) The determination of what a conflict or a strong similarity requires experience and is very easy to over or under-react ago you could find. If in doubt about any of the brands can get a brand research company or an attorney for further advice.

Well, when these similar marks were found and determined, the next step is to test it to see if it would be a likelihood of confusion between the two companies, when used in commerce.

As you begin to review its competitive position:



To the FTC: Check the current status of the application by the USPTO site and check the status by entering the serial number in the box

Perform a web search for the brand and the name of the owner.

Call to find information, phone numbers and contact information for each company.

Contact the similarities in each case to know exactly what they do and what is their business.

to ask specific questions:


What services do you offer? / What exactly does your product do?
I noticed that you are _________, in activities outside of this area?
Do you have a website that describes your business? Do you have a leaflet that could send or fax me?
Is not it better to let who you are - simply act as a consumers' interest.

Once the status of the request and contacted the company directly controlled, the next step is to discuss the results with a trademark lawyer. He / she will be happy to help you determine your next steps.

* No right to property, knowledge, or responsibility over the personnel and / or company name. The above examples are for informational purposes only and should only be considered as such.

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