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Help trying for a trademark Trademark

Discussion in 'Copyright, Trademark, Patent Law' started by jts3699, Oct 29, 2011.

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  1. jts3699

    jts3699 Law Topic Starter New Member

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    Ok so i am curious.. I would like to get a trademark. problem is the two word trademark i would like is already taken. If i put a word in front of the words that is taken would i get it? or would it be refused.. Also the party that already has the two words has it on t-shirts and i will also have my saying on t-shirts.. what would i have to do?
     
  2. army judge

    army judge Super Moderator

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    The preeminent legal expert of trademark, copyright, and patent law (our own, The Law Professor) will chime in with something relevant.

    Until he does, I'm all you got.

    I'm going to ask you to read your post.

    Think about your post.

    The answer is in your own words.

    The answer is obvious.

    I'll await your analysis before I comment further.


    These sites will aid you in your research and legal analysis.

    http://www.registeringatrademark.com/trademark-law-basics.shtml




    http://www.registeringatrademark.com/trademark-requirements.shtml

    This will help with trademarks in California.

    http://www.registeringatrademark.com/california-trademark.shtml
     
    Last edited: Oct 29, 2011
  3. jts3699

    jts3699 Law Topic Starter New Member

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    hmm... i am reading my post.. but i guess i do not know the answer.... um and no i am not a blond :) just been dwelling on it and can not figure out if i would be shot down or not.. only two of the words is taken i want to add the word love in front.. or a red heart
     
  4. army judge

    army judge Super Moderator

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    Okay, let's try this technique.

    Let's say there is a very popular carbonated beverage called, Fizzy Cola.

    You want to name your product, Bubbly Fizzy Cola, or Super Fizzy Cola, or Better Fizzy Cola, or Best Fizzy Cola.

    Just one word, right?

    Think you could get away with that?

    Rather, do you think the Fizzy Cola people would let you get away with that?
     
  5. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    1. Are you trying to register words that are very unique or made up like "Coca Cola" or "Buster Brown" and the like?

    2. Is your good or service generally in the same "class" as the the good or service provided by the mark holder?

    3. If you put a word before those two words, do you think it is likely that people might confuse you with the other vendor? (e.g. few might confuse "Big John's" for outdoor power tools and "Big John's" for ballet lessons.
     
  6. jts3699

    jts3699 Law Topic Starter New Member

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    Say I am trying to register Love the Bomb and "the bomb" is already registered like 7 yrs ago then "bomb" was registered this year would i be able to register "love the bomb" (red heart in place of love) or could i i do thee bomb or what?
     
  7. jts3699

    jts3699 Law Topic Starter New Member

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    oh and yes i want to put my mark on t-shirts same as what the bomb would be on. but there mark is directed mainly to their area or should i say their university. me i want to use my mark for tourism around california.
     
  8. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    First of all, I don't know what you're trying to register the name in correlation with - a service relating to tourism? Not always a good idea to post this information here unless you are ready to register asap.

    1. I don't see "the bomb" registered as a mark.
    2. The mark would need to be related to similar services. If their mark was related to military products, for example, there might not be a conflict issue.
    3. Regarding t-shirts, that's a whole other issue. Are you providing a service or do you want to sell t-shirts with a phrase on them?
    4. There are also questions about a "word mark" (the words themselves) versus a logo (which might not be the words, e.g. "love" but love with a heart in the middle as a logo.) These marks are different.

    It might be advisable to have a private consultation with a lawyer regarding exactly what you want to do so you're clear when you file.
     
  9. jts3699

    jts3699 Law Topic Starter New Member

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    never of thought of the bomb to tourist attacks on this my thought that was vacationing was the bomb ya know great, tons of fun .
    anyway i was using the bomb as an example. not what i want to trademark i really did not want to post the exact thing on the internet what i wanted.. i would be making shirts myself and selling them..
    what lawyer do you suggest i talk to. we dont have trademark lawyers in my area.
     
  10. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    There is a movie by Stanley Kubrick that references "Love the Bomb" and many who have seen this movie would probably be reminded of it. Most trademark lawyers can help even if remote. If you want to be referred to a lawyer, you can click the case review link in my signature and one can contact you to discuss your case. This can a tricky area unless you know what you're doing and the mark is simple.
     
  11. jts3699

    jts3699 Law Topic Starter New Member

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    i will need a 10 or higher post to view that one..
     
  12. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    To view what? You should be able to view the signature link or are you telling me you can't see that either? The limit should just be to post.
     
  13. jts3699

    jts3699 Law Topic Starter New Member

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    To view links or images in signatures your post count must be 10 or greater. You currently have 6 posts. this is what it says
     
  14. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    It should be fine now. :) Thanks for letting us know.
     

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