Re: Can you servicemark a name that is already trademarked?

Subject: Re: Re: Can you servicemark a name that is already trademarked?

Comments:
: Under Lanham Act Section 2(d) a trademark cannot be registered if the name is likely to be confused with another registered mark, or if consumers would be misled or deceived by the registration. : Thus one cannot "servicemark a names that is already trademarked" and used on RELATED GOODS or services by other traders. : On the other hand, unless a name is truly fanciful or coined - (e.g., XEROX or KODAK) it is often possible in many cases that two different people may register the same name : in different classes -- (e.g. DELTA for faucets and DELTA for airlines). : This rule exists because it is unlikely for : customers to become confused into thinking that the faucets and the airlines are coming from the same source company. : If your name were something like APPLE, I might see no problem. : : Therefore simpler words and - more common expressions (and designs) should be protected in any class where one is doing business or where one might anticipate infringement to occur. : The Official Fee (government cost) for registering a trademark at the US Patent & Trademark Office is $325 per class of goods and services. : : Like a department store or in a grocery store, goods (and services) are divided into many classes for different items such as paper goods, (Class 16); clothing and shoes (Class 25); beer and alcoholic beverages - (class 32). Services too are divided into categories such as entertainment, advertising, financial, retail, telecommunications services, etc. : While the type of goods and services offered by the world's traders can be virtually unlimited, they are categorized among the 45 or so International classes in a way that may often blur any distinction between the classes. : As a result, certain companies have multiple registrations in many classes. (E.g, BUDWEISER and COKE are each registered not only for beverages, but also for clothing, keychains, ashtrays, and even in some classes of service.) : Such strong protection would make it unlikely that a rock band could use such names without perhaps confusing some consumers about a connection, affiliation or sponsorship from such well-known marks. : Nonetheless, In the REAL WORLD, there can always be pitfalls and pluders in the name game. . . Even with a trademark for the term SURVIVOR the 80's rock band providing entertainment services, recently threatened litigation against the makers of the popular reality TV show. : In sum, you should play it safe, perform a trademark search and get some specific legal advice on your specific situation. : To request a search or to apply for Trademark for your BAND NAME, BUSINESS NAME, PRODUCT NAME, : SLOGAN or LOGO, go to www.mybrandsonline.com : For more info about trademarks, come see us at www.namesavers.net or www.brandxperts.com. : Good luck and keep the music playing! : Stephen L. Anderson, Esq. : Anderson & Shippey : WE PROTECT IMAGINATION : Offices in Irvine, Newport Beach, San Francisco & Washington, D.C. --- WEBSITES EVERYWHERE! : email: attorneys@brandXperts.com : Anderson & Shippey : 610 Newport Center Drive, Suite 450, : Newport Beach, California 92660 U.S.A. : (949) 640-1120 tel. : (949) 759-1475 fax : VISIT OUR "VIRTUAL VILLAGE" : www.brandXperts.com/ TRADEMARKS : www.copyrightpros.com/ COPYRIGHTS : www.namesavers.net/ DOMAIN NAMES : www.mybrandsonline.com/ REGISTER NOW!

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