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Can two trademarks share a word in the same class Trademark

Discussion in 'Copyright, Trademark, Patent Law' started by JerD, Nov 2, 2020.

  1. JerD

    JerD Law Topic Starter New Member

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    Jurisdiction:
    US Federal Law
    Is a word only allowed to be used once per class? Say, for example, there is a company called "Apple Blossom" and they make pillows and have a registered US trademark. If there is another company making pillows under the name "Apple House" or "Pear Blossom" would they be able to trademark their name in the United States as well?

    Thanks.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    These are actual pillow making companies. Notice the similarities using the same words. Your examples can probably co-exist peacefully.

    MyPillow
    GreatSleep
    SleepWell
    HealthoPlus
    PllowVibe
    ExtraCare
    NewSleep
    EnoughSleepy
    ExtraSleep
    HealthoSure

    If you aren't sure than I suggest you consult with a trademark attorney before go into the pillow making business.
     
  3. JerD

    JerD Law Topic Starter New Member

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    Thank you for the information and I apologize if I was misleading. This was just an example, I was just reading about pillows but don't make or intend to make them.

    I have a problem with an existing application being rejected with likelihood of confusion due to "Similarity of the Marks" & "Relatedness of the Goods". The names are similar to the examples I gave in that they both start with the same word (a plant) and have unrelated second words.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    I knew that. We get that type of question all the time - with made up examples. Advice on made up examples is meaningless, as you can see. Nobody ever seems to want to reveal the real name.

    Existing application? Does that mean you've already applied for registration and been turned down due to similarity?

    If that's the case then you need to come up with a different Trademark.
     
  5. JerD

    JerD Law Topic Starter New Member

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    Yes this is an existing application that I received a Nonfinal Office Action on. I keep getting letters from "legal companies" offering to help but I also received an warning stating that I should be cautious of these companies. I guess I was hoping there was a clear guideline I was missing somewhere one way or the other or an obvious place to turn for assistance. The company name has been on our products for six years but they haven't been widely available. I applied for the trademark with hopes of distributing further. Thanks again.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    That's important. You had trademark protection since day one. Registration just makes it stronger.

    Did the letter tell you what companies your mark is too close to? Have you run a search for your mark to see what similar marks come up?

    TESS -- Error
     
  7. zddoodah

    zddoodah Well-Known Member

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    I'm confident that there are dozens of words used multiple times in every class.

    "Trademark" is not properly used as a verb. I assume you meant to ask if the other company would be able to register its mark, and the answer is maybe. There are many factors other than the similarity of two marks.

    Questions about whether one mark might infringe on another are almost impossible to answer int he abstract.

    You can appeal that decision. If that's of interest to you, you should consult with a local trademark attorney. Otherwise, change your mark.
     
  8. JerD

    JerD Law Topic Starter New Member

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    Thank you for your feedback. I understand that answering in the abstract would be difficult but was asked to not post the name online as there is currently no online presence and this thread would be one of the only results.

    Thanks again.
     

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