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Author Topic: advertising phrase  (Read 1209 times)

Michael Kelley

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advertising phrase
« on: 10-24-04 at 09:44 am »

I'm getting an add ready for a small business in a local paper.

Wanted to end it with a phrase describing how we're different from our comp. Almost any phrase I can think of is trademarked.

If it's trademarked by a company with unrealated services is there a problem?

Thanks
Michael
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JimIvey

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Re: advertising phrase
« Reply #1 on: 10-25-04 at 06:56 pm »

Quote
If it's trademarked by a company with unrealated services is there a problem?

In general, no.  The bottom line is whether customers will think you're affiliated with the other mark owner.

There are many factors that come into play.  How famous is the other mark?  How similar are your goods to theirs?  How sophisticated are the specific consumers involved (do you or the mark owner market to the general public or B2B to corporate buyers)?  There are other factors too.

I'm sorry it's not more simple than that.  I hope that helps.

Regards.
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James D. Ivey
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JSonnabend

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Re: advertising phrase
« Reply #2 on: 10-26-04 at 12:19 pm »

To add to Jim's answer, I'd like to know what you mean by "trademarked".  Are these marks registered?  If not, your conclusion that the phrases are "trademarked" may be erroneous.
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SonnabendLaw
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