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Author Topic: The same specimen for two different trademark?  (Read 608 times)

jongjd

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The same specimen for two different trademark?
« on: 05-18-12 at 09:12 am »

I need your opinion.

Let's assume that Marriott is a hotel brand name including Marriott, JW Marriott, Ritz Carlton, etc, and the Ritz Carlton is a specific hotel name included in Marriott brand.

Let's assume that the specimen showing two marks, for example, as follows

Marriott
Ritz Carlton


was submitted and accepted for the registration of the trademark "Ritz Carlton".

Then, if the applicant wants to register the mark of "Marriott", can the applicant submit the above same specimen showing two marks?

« Last Edit: 05-18-12 at 09:15 am by jongjd »
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JSonnabend

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Re: The same specimen for two different trademark?
« Reply #1 on: 05-23-12 at 06:40 am »

If the specimen shows the use of two marks in a manner that each functions as a mark, I don't see why not.  A photo of a branded Apple iPod would be a proper specimen for both marks, for instance.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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