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Author Topic: Character Mark Trademark Help Please  (Read 101 times)

Kris10rm

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Character Mark Trademark Help Please
« on: 01-10-18 at 04:26 pm »

If someone has the character mark with two words, and a person adds a word in between, is that a violation?

For example, "Miracle Rescue" and you change to "Miracle Cat Rescue"

I am located in the US.
« Last Edit: 01-10-18 at 04:36 pm by Kris10rm »
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MYK

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Re: Character Mark Trademark Help Please
« Reply #1 on: 01-11-18 at 12:23 pm »

Depends on the details.  Offhand, the main factors would be the goods and services, registration, and fame or lack thereof.

If "Miracle Rescue" is a gloop for removing red wine stains from couch fabric, then there's zero overlap with a cat rescue.

If "Miracle Rescue" is a cat rescue center AND they've registered federally, then you're out of luck.  You could try getting permission from the other party, or just use the name and hope they don't care or don't find out.

If "Miracle Rescue" is a cat rescue center and they never bothered to register, and they only operate in Osceola, Florida and are only known in that area, and you're in Fremont, California, then chances are your distinct geographic locations would leave both of you room to operate without conflict.  But that would depend on the other organization not being run by someone who is a litigious fanatic.

Note that it doesn't really matter whether you're legally in the clear or not;  the other party can still sue you even if they have no real chance of winning, and it will cost both of you.  Contact a trademark attorney if you want legal advice upon which you intend to rely.
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.
 



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