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

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

Comments:
: : I perform in a rock band who's name is identical to the name of a computer product (a chip). This computer chip is trademarked by a large computer manufacturer. We wish to servicemark our band name as we have already appeared in publications under this name, but I'm wondering if we will be rejected because the name is already in use, though in an entirely different industry. Where is the line drawn in regards to these situations? : : Regards, : : Chris Bloom : Dear Chris Bloom, : The legal question is "likelihood of confusion". : There is now an antidilution statute. The chip maker may object even if the USPTO does not. trademarks are are registerable by class. I would expect that your mark is in a different class than the chipmaker. : If you get the registration and use it and are challenged, then it really costs in time, worry, and money. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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