Is this a Trademark Violation?

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bear123

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There's an existing Trademark for a company called "Oakpoint Advisors" in NY.

All the info for the trademark is available here: trademarkia.com/oakpoint-advisors-77807016.html

Here is a brief copy-paste of the registered Trademark-

Goods and Services: Financial services, namely, investment fund advisory and consulting services, and investment fund brokerage services

Mark Description: The mark consists of the wording "OAKPOINT ADVISORS" between two lines and with the design of a leaf to the left of the wording.


I want to create an LLC called "Oakpoint Capital Management", which would also be in the Financial Services Industry. This would be in CA.
Would this be a Trademark Violation?

Thanks for your help!
 
There's an existing Trademark for a company called "Oakpoint Advisors" in NY.

All the info for the trademark is available here: trademarkia.com/oakpoint-advisors-77807016.html

Here is a brief copy-paste of the registered Trademark-

Goods and Services: Financial services, namely, investment fund advisory and consulting services, and investment fund brokerage services

Mark Description: The mark consists of the wording "OAKPOINT ADVISORS" between two lines and with the design of a leaf to the left of the wording.


I want to create an LLC called "Oakpoint Capital Management", which would also be in the Financial Services Industry. This would be in CA.
Would this be a Trademark Violation?

Thanks for your help!




No.
Your name is quite different that the original.
But, that isn't the only measure.
The Ninth Circuit came up with an eight point test.
Number seven is probably one of the most important in your case.

The eight guidelines are:
1 Strength of the trademark
2 Proximity of the goods
3 Similarity of the trademarks
4 Evidence of confusion
5 Marketing channels used
6 Type of goods and the degree of care likely to be exercised by the purchaser

7 Defendant's intent in selecting the mark
8 Likelihood of expansion of the product lines
 
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Thanks army judge.

I forgot to add that the trademark seems to be for the word "Oakpoint". "Advisors" is not protected for obvious reasons.

Does that have any additional implications for me.

I am looking up Point number 7, but would appreciate if you may expand a bit on that in relation to "Oakpoint Capital Management".

Have a great weekend.
 
bear123 said:
Thanks army judge.

I forgot to add that the trademark seems to be for the word "Oakpoint". "Advisors" is not protected for obvious reasons.

Does that have any additional implications for me.

I am looking up Point number 7, but would appreciate if you may expand a bit on that in relation to "Oakpoint Capital Management".

Have a great weekend.

Does it have to be "Oakpoint" something-or-the-other?

If the word "Oakpoint" bothers you, make it "Elkpoint", "Pinepoint", "Mossypoint", "On-Point", "Anypoint", etc...

You get the "point"???

I, however, see no problem with the name.

The word, "Oakpoint", isn't protected!!!
 
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