Re: Re: Trademark vs. Servicemark (question)

Subject: Re: Re: Re: Trademark vs. Servicemark (question)

Comments:
: : : Company A has a product bearing mark XY for a product (ie trademark) and it is pending registration. If Company B has a service bearing mark X, and there is no registration for the servicemark but their is a registration for Company B "trademark" X would there be confusion between the Company A product bearing mark XY and the Company B service bearing mark X. Product X is not a service "version" of product XY. : : : Basically, can products and services by different companies be confused if the marks marks differ as follows: Brand X and Brand XY : Dear Ms. Wiles : The quick answer appears to be yes but that is just the top of the can of worms. : There is one set of rules for Patent and Trademark prosecution and another outside the Patent and Trademark Office under the Antilution Statute. : I focus on a Reality Check. The earlier you do the legal guessing, the less likely it is going to cost heavy down the line. Once involved with legal conflict you can be right and lose if you can't afford to fight. : 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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