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Author Topic: Trademark Questions  (Read 551 times)

strummer

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Trademark Questions
« on: 02-10-17 at 12:17 pm »

Question: Is there legal precedent regarding Trademark names that are adjectives concerning a common name in a brand? For Instance, if my company is called Green Cars and I file a trademark under cars only. Can Green Cars tell Green Steering Wheel Company to cease and desist if the Green Steering Wheel Company has filed their trademark under a different classification of goods?

And would "Green Cars" have a case if their name was already in use by another company who called there name "Tom's Green Cars" before "Green Cars" was in use?

And would "Green Cars" case against "Green Steering Wheel Company" be weakened if they too had been told to cease and desist for Trademark infringement concerning model names? "Green Cars Heritage Model" would be a trademark infringement of "Heritage Cars" the name of another company.

Hope these questions and situation makes sense. :D
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Tobmapsatonmi

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Re: Trademark Questions
« Reply #1 on: 02-10-17 at 03:41 pm »

Question: Is there legal precedent regarding Trademark names that are adjectives concerning a common name in a brand? For Instance, if my company is called Green Cars and I file a trademark under cars only. Can Green Cars tell Green Steering Wheel Company to cease and desist if the Green Steering Wheel Company has filed their trademark under a different classification of goods?

And would "Green Cars" have a case if their name was already in use by another company who called there name "Tom's Green Cars" before "Green Cars" was in use?

And would "Green Cars" case against "Green Steering Wheel Company" be weakened if they too had been told to cease and desist for Trademark infringement concerning model names? "Green Cars Heritage Model" would be a trademark infringement of "Heritage Cars" the name of another company.

Hope these questions and situation makes sense. :D


Assuming you're in the US, the question generally boils down to whether the complaining mark owner can show that the other person's use will cause confusion, within the relevant purchasing public, as to the source of the goods and services.  This is often just referred to as there being a "likelihood of confusion".  After all, the reason we give legal protections to marks is that they function as a trusted means of communicating source to the purchasing public.

You can google that phrase generally and get a lot of good discussion on it from wikipedia, law firm and college websites.  Within the intelproplaw server here, the link below will populate discussions containing that phrase.


https://www.google.com/search?q=site%3Awww.intelproplaw.com%2Fip_forum%2F+%22likelihood+of+confusion%22&rlz=1C1NHXL_enUS697US698&oq=site%3Awww.intelproplaw.com%2Fip_forum%2F+%22likelihood+of+confusion%22&aqs=chrome..69i57j69i58.14958j0j4&sourceid=chrome&ie=UTF-8
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