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Re: Owning Words
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Posted by M. Arthur Auslander on March 26, 1999 at 04:09:52:
In Reply to: Owning Words posted by David Paul on March 18, 1999 at 12:20:20:
: What are some arguments for the applicant in a trademark opposition, regarding a company with its own established name, call them - GISWAD™, that also uses a proper English word, say Bread, as another name they use, so together it is GISWAD Bread™, the two words together are trademarked. The company is opposing the use of Bread with another word, say Box, and the applicant is seeking to trademark The Bread Box. GISWAD™ says to The Bread Box applicant that the later is confusingly similar. The opponent and the applicant are both involved with making Bread, as it were.
: Any suggestions would be most helpful.
We would have conducted a trademark search before filing. On the basis of what you saw there is no way that you can wiin. We would have suggested another name. Whether you llike it or not. That is you select another name you like but FORGET GISWAD
M. Arthur Auslander
ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm)
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
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