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Trademark Refused - what to do?

Discussion in 'Copyright, Trademark, Patent Law' started by Derrick Kandan, Jul 23, 2019.

  1. Derrick Kandan

    Derrick Kandan Law Topic Starter New Member

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    Jurisdiction:
    Illinois
    I registered for my trademark few months back and just got a letter that my trademark was refused because of the following reason: Refusal – Likelihood of Confusion

    I read the reasoning of the trademark examining attorney, but feel strongly that he's wrong in his explanation. He says that:

    My company/brand name: JADE FLEUR is similar to another company name called FLEUR FLEUR, which is also in the same trademark class - jewelry. And there is a Similarity of Marks and Similarity of Goods.

    (fyi - I changed the actual company brand name for this example since I don't want to make it public because of the ongoing situation)

    First, I don't understand how a customer can be confused by these two brand names, in my opinion they are different. I agree that they have a "common word", but I feel they are still different. I've seen a lot of famous fashion brands where they have the same "last name" but different first names. And they have trademarks to these names. Am I getting this correct?

    Second, the similarity of goods reasoning- I checked the other company and they deal in dog jewelry. My brand/company is starting a regular jewelry line for women. How can these goods be similar?

    I wanted to know if anyone can help me understand how this happened? Does the reasoning make sense? What are the likely chances of winning an appeal given the above reasoning? Should I put in time and money to appeal? Or since I just started my company/brand, should I change the name and try for a new trademark?
     
  2. Zigner

    Zigner Well-Known Member

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    As I said on the other forum, if I were buying jewelry, I would believe that "Jade Fleur" and "Fleur Fleur" were related. I would be confused.
     
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  3. army judge

    army judge Super Moderator

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    Yes, the ATTORNEY you hire!
     
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  4. zddoodah

    zddoodah Well-Known Member

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    Just to clarify, your trademark was not refused. Rather, the USPTO (I assume) refused to register the mark. You may very well still have enforceable rights in the mark.

    I'm not sure what your question means, but you're seemingly making a rational argument.

    In a sense, jewelry is jewelry.

    Based on your summary, the examiner clearly explained his/her reasoning, so I'm not entirely sure what this question means.

    In the abstract, yes.

    No way to answer this question intelligently in the abstract.

    That you only just started the company and, presumably, have no name recognition is a factor for changing the name, but strangers on the internet cannot answer these questions intelligently. If you really want to keep the name, consult with a local trademark attorney
     
  5. army judge

    army judge Super Moderator

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    Yes, the ATTORNEY you hire!
     
  6. Derrick Kandan

    Derrick Kandan Law Topic Starter New Member

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    So I guess this forum to ask questions and get help from other people is basically a forum that tells you to hire an Attorney, which I could have easily done without your suggestions, or I guess blatant attempt at just discarding my post and not caring to help...which makes me think why are you on this forum if you're not here to help - Army Judge?? I'm also confused how you can be a "super moderator" if you are just telling people to hire an attorney.

    I am willing to hire an attorney, but I thought I could just get personal opinions from people who know a lot about trademark law if it is even worth my time and costs since it can be expensive, especially for a startup like me.

    But I guess this is a waste of my time to ask on here. Thank you for all the non-help and discouragement. I appreciate it (not really)


    So I guess this forum to ask questions and get help from other people is basically a forum that tells you to hire an Attorney, which I could have easily done without your suggestions, or I guess blatant attempt at just discarding my post and not caring to help...which makes me think why are you on this forum if you're not here to help - Army Judge?? I'm also confused how you can be a "super moderator" if you are just telling people to hire an attorney.

    I am willing to hire an attorney, but I thought I could just get personal opinions from people who know a lot about trademark law if it is even worth my time and costs since it can be expensive, especially for a startup like me.

    But I guess this is a waste of my time to ask on here. Thank you for all the non-help and discouragement. I appreciate it (not really)
     
  7. Zigner

    Zigner Well-Known Member

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    There's no need to throw a tantrum. It's unfortunate that you appear to be unable to recognize that sometimes the best advice is for you to seek personalized professional help.
     
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  8. Zigner

    Zigner Well-Known Member

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    (My "edit" feature is unavailable)

    ...and to add: Army Judge is a highly respected and very wise long-term advisor. You would be wise to heed his advice instead of ridiculing it.
     
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  9. zddoodah

    zddoodah Well-Known Member

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    Wow...you're welcome for the valuable time I gave you. This kind of BS from ungrateful jackasses makes me wonder why I do this....

    Ummm....
     
  10. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Have you looked at the Trademark Manual of Examining Procedure located here? TMEP
     
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  11. Derrick Kandan

    Derrick Kandan Law Topic Starter New Member

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    I am confused on what extent a trademark is considered similar. I have researched online, but still not sure if this name that I want to register will pass. Let's say, for example, I wanted to register a trademark for the following word: "FIGA". And after doing a search, in the same trademark goods/services class I saw the word: "FEGO".

    Would the word "FIGA" be considered similar to the word "FEGO" in your opinion?

    Or it is different and you think I would be ok?
     
  12. army judge

    army judge Super Moderator

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    Ask the ATTORNEY you hire!

    Ask the ATTORNEY you hire!

    Ask the ATTORNEY you hire!

    Ask the ATTORNEY you hire!
     
  13. Zigner

    Zigner Well-Known Member

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    Just a note: Neither FIGA nor FEGO is a word.
     

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