Re: trademark distinction

Subject: Re: Re: trademark distinction

Comments:
: : 1)How does ownership on the same or very simila trademark is determined when several businesses register for it at the same time? : : 2) When one business provides a service and another sells the goods, and they create a very similar trademark to distinguish their service and goods, now is ownership determined by the registration office? : : PLEASE RESPOND ASAP!!!! : The answer is based on likelihood of confusion. Different classes may have the same trademarks for differant registrants. : In the clothing class there are so many marks that there may be duplicates by different registrants such as for brasieres and shoes. : The law of unfair competition may override what the patent office does. The is a antidilution statute that does not effect trademark prosecution. : There are seldom pat answers. If there were there would be no need for lawyers. : The PTO only considers mark vs mark. : There is a hole morass of potential trouble with tradenames that are not even registerable. : 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 (sm) : E arly L egal A dvice I s N ot E xpensive

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