Re: Trademark names
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Posted by M. Arthur Auslander on October 06, 1999 at 14:10:33:
In Reply to: Trademark names posted by Ron Gregory on October 06, 1999 at 11:30:54:
: I thought up a name for a software product I am designing.
: I did a trademark search on the name and found no less than
: three claims to the same name. : Evidently, it is OK to re-use a name, since there are already
: three different claims to exactly the same name. The question is,
: when is it OK to use a name already in use?
If you think your saving money because you think yyou can do it yourself, you are playing Russian Roulette. Yes the answerw may be available but is you don't understand the law even if you seem so get what you want it can come back to haunt you later when it really hurts, a lot. That is why I use the service mark ELAINE'S Workshop below. It looks to me as if what you have found are other applications that are in trouble. From what you ask, going ahead with the mark sounds like a death wish.
M. Arthur Auslander
E arly L egal A dvice I s N ot E xpensive
ELAINE's Workshop (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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