Re: Trademark infringement?
[ The Intellectual Property Law Server ] [ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ]
Posted by M. Arthur Auslander on January 25, 2001 at 13:25:58:
In Reply to: Trademark infringement? posted by Scott Smith on January 25, 2001 at 11:44:50:
: The question that I would ask you on the phone is about a trademark. The name for our skincare facility is N.W. Skin Inc. On all my documentation we plan on spelling out Northwest and on the trademark application. : The problem we have is that their is an existing trademark on a skincare magazine called Skin Inc. Would we be infringing on their trademark? : : This is their current trademark: : Word Mark : SKIN INC. : : Goods and Services : IC 016. US 002 005 022 023 029 037 038 050. G & S: magazines, books, brochures, newsletters in the field of skin care directed to owners, managers, operators, and personnel of skin care and beauty care facilities, and suppliers thereof. FIRST USE: 19880909. FIRST USE IN COMMERCE: 19880909 : : Mark Drawing Code : (1) TYPED DRAWING : : Serial Number : 74538920 : : Filing Date : June 17, 1994 : : Published for Opposition : August 13, 1996 : : Registration Number : 2100592 : : Registration Date : September 30, 1997 : : Owner : (REGISTRANT) Allured Publishing Corporation CORPORATION ILLINOIS 362 South Schmale Road Carol Stream ILLINOIS 601882728 : : Attorney of Record : Dolores T. Kenney : : Prior Registrations : 1606983 : : Disclaimer : NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "INC." APART FROM THE MARK AS SHOWN : : Type of Mark : TRADEMARK : : Register : PRINCIPAL-2(F) : : Live/Dead Indicator : LIVE :
: Dear Scott Smith, If all answers were free all Intellectual Property lawyer would be out digging ditches. This has to be gone over very carefully, with an examination of the facts and the other registration. Some competant Intellectual Property lawyer you can trust is going to have to give you the answer and I would expect they will charge for the answer that's how they stay in business. 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
Follow Ups:
Post a Followup
|