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[mikepro1]

What does the term "as a trademark" mean when referring to an entities use of a mark or phrase?  Does it mean that they have to be using it as a company name?  

I have a registered mark and there is an organization using the exact same mark on the exact same goods.  The mark is a four word slogan but the attorney for the "infringing organization says that because they are not using it "as a trademark" there is no infringement.

What dos that mean?

Thanks

[JSonnabend]

It likely doesn't mean much substantively, but it likely indicates you should be talking to your own attorney or risk losing your trademark.

- Jeff

[mikepro1]

Jeff, why would I lose the trademark?
Also, does using the exact mark on the exact goods automatically constitute infringement?

Thanks

[JSonnabend]

You can lose your trademark if you don't enforce it properly.  I have a summary on this here, if you want some more details.

The use of an identical mark on identical goods, assuming you have senior rights to the mark, would in all likelihood constitute infringement.

I routinely handle enforcement actions for my clients, and I do it within a cost framework aimed at small businesses and startups.  Please feel free to call me if you want to discuss your matter further.

- Jeff