jennjacobsen
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« on: 08-17-06 at 12:46 pm » |
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I'm not an attorney but I just have a law hobby.
I have 2 questions below for this hypothetical situation:
Company A has the trademark "xyz" in classes 004, 0036, 0012, and 0019
I start a yoga camping club (non-commercial) that teaches people how to relax and ways to entertain themselves. The club is called "xyz" and does not have any products. The club has it's own website called abc123 dot com and uses the name of their club "xyz" on the website. Company A tells me to cease using their trademark "xyz"
Is this a breach of their trademark?
Could the "xyz" club get a trademark in class 41 then use the name "xyz" on their website?
note:
All names used in this entry are fictitious and are used herein for the purposes of an example. Any similarity to real names is a coincidence.
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lyza2855
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« Reply #1 on: 08-17-06 at 01:27 pm » |
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Jenna,
There are many different goods/services offered within each international class, and confusion in the marketplace is based on similarity of marks and their goods/services rather than whether applicants filed within the same classes.
Class 9, for instance, is the class for use in registering a mark for both "helmets" and "automated paper money sorting machines." Although listed within the same class, I would think it could be successfully argued that the goods are too different to cause confusion.
One of the attorneys may have a different view. Thanks.
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jennjacobsen
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« Reply #2 on: 08-17-06 at 01:47 pm » |
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But if company A has a service such as repairing automobiles it seems to me that there would not be any confusion with a organization that teaches yoga.
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lyza2855
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« Reply #3 on: 08-17-06 at 05:01 pm » |
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Yes, that was what I was saying. I believe that a mark used to sell helmets should not be confused with a like mark used to sell money counting machines, even though those goods fall within the same international class.
Hopefully one of the attorneys will tell us if I am right. Thanks.
Lyza
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JSonnabend
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« Reply #4 on: 08-21-06 at 10:14 am » |
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I'll chime in and say Lyza is correct.
- Jeff
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tdazz
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« Reply #5 on: 08-25-06 at 09:36 am » |
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If you want further confirmation regarding the above excellent advice that was posted, just search the USPTO TM database for the word "cobra" and you will see that there are many registrations using that name across different classes and using combinations of that name with other words.
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sarah.miller
Newbie
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« Reply #6 on: 11-06-09 at 05:20 am » |
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I think you cannot use the xyz name.
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