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Re: trade mark

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Posted by James Ivey on October 06, 2003 at 12:30:54:

In Reply to: trade mark posted by terry on October 01, 2003 at 13:11:27:

: I have a trade mark on dent medic doing paintless dent repair. If onother CO. comes in as dent med-x doing paintless dent repair,And still an account can i shut them down?or are thier any recourse?
: thanks
: terry

Hi Terry,

First, you should be aware that patents and trademarks are different things and that this forum is for patents. Your question would be better addressed to the trademark forum.

Second, all forms of intellectual property, including trademarks, take time, effort, and money to enforce in court (or out of court). Registration, while not required, helps get around some basic threshold questions of your trademark and simplifies your enforcement.

Third, I'll take a somewhat educated guess with respect to your specific question. I believe you're asking how close someone else's mark has to be to your trademark to give rise to liability (such that you can stop them). Specifically, I believe your question is whether "Dent Med-X" is sufficiently close to "Dent Medic".

The essence of trademark breadth/coverage is confusion in the marketplace. For example, if I tell a friend to go to "Dent Medic" and they go to "Dent Med-X" and think, "this must be the place!", that's confusion in the marketplace.

Personally, I think that would infringe (assuming you can meet all the threshold requirements for trademark protection). But bear in mind that I don't do much trademark law and that my opinion isn't a legal one in this context (in other words, don't quote or rely on me).

My advice would be to see a trademark attorney when someone picks a name you think is too close to "Dent Medic". Or, if you really think your name is valuable, see a trademark attorney now. They will be able to help you make your name as strong and as protectable as possible.

Regards.

IveyLaw

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Comments:
: : I have a trade mark on dent medic doing paintless dent repair. If onother CO. comes in as dent med-x doing paintless dent repair,And still an account can i shut them down?or are thier any recourse? : : thanks : : terry : Hi Terry, : First, you should be aware that patents and trademarks are different things and that this forum is for patents. Your question would be better addressed to the <a href="http://www.intelproplaw.com/Trademark/Forum" target="_blank">trademark forum</a>. : Second, all forms of intellectual property, including trademarks, take time, effort, and money to enforce in court (or out of court). Registration, while not required, helps get around some basic threshold questions of your trademark and simplifies your enforcement. : Third, I'll take a somewhat educated guess with respect to your specific question. I believe you're asking how close someone else's mark has to be to your trademark to give rise to liability (such that you can stop them). Specifically, I believe your question is whether "Dent Med-X" is sufficiently close to "Dent Medic". : The essence of trademark breadth/coverage is confusion in the marketplace. For example, if I tell a friend to go to "Dent Medic" and they go to "Dent Med-X" and think, "this must be the place!", that's confusion in the marketplace. : Personally, I think that would infringe (assuming you can meet all the threshold requirements for trademark protection). But bear in mind that I don't do much trademark law and that my opinion isn't a legal one in this context (in other words, don't quote or rely on me). : My advice would be to see a trademark attorney when someone picks a name you think is too close to "Dent Medic". Or, if you really think your name is valuable, see a trademark attorney now. They will be able to help you make your name as strong and as protectable as possible. : Regards.

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Re: trade mark

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