The Intellectual Property Forum

First, the test under section 2(d) is likelihood of confusion, not identity of marks.  Your analysis therefore falls a bit short (although in the end your conclusions may hold true).

Second, the "IC #" is besides the point.  If you don't have use under section 1(a), your application will be refused (subject to amendment to ITU status and later submission of a statement of use).  My concern is larger, though.  I fear that you may not be using the "mark" as a mark at all.

Finally, there is no refund.  The "system" does not check anything other than making sure you have the proper fields filled-out.  The examiner does the substantive review.  TEAS expressly warns you that your application may be refused and there are no refunds if it is.

- Jeff

Yak, that may be, but how does that impact the "printer's" liability for trademark infringement?

- Jeff

Kumar, your advice is off the mark.  The letter of consent should clearly define the two parties' respective uses of their marks and further state that the parties will cooperate to address any potential confusion that actually arises.

- Jeff

Use of logos is by and large treated differently from use of names in nominative use analyses.  So while I agree with Kaitlin's post to a large degree, I disagree that use of the logo is akin to use of the name.

OMG IP's analysis isn't really an analysis at all, as it completely ignores the nominative use aspect of the question.

- Jeff

Search the forum for "nominative use".  You will find relevant discussion on the topic.  Feel free to post any follow up comments questions here.

- Jeff

If you want to make sure no one registers the mark first, then yes, you should file an ITU.  Of course, if there is a previous registration and/or pending application for a conflicting mark, you may be foreclosed from registration.  Also, registration does not necessarily mean you are free to use the mark.

- Jeff

Maybe.

No, really, the answer is maybe.  Search the forum for "likelihood of confusion" and you will find many, many threads discussing exactly the question you asked.  If you have questions after that, by all means, please post them back here.

- Jeff

What do you mean by "commercial use"?

- Jeff