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How Different Must Your Trademark Be from a Competitor's

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  • 09-28-2015, 06:01 AM
    jlklin
    How Different Must Your Trademark Be from a Competitor's
    I am new to this, but have a TM infrigement concern. If there is registered mark that shares the same 1st word (which is more descriptive of services/ product) but completely different 2nd word.

    Can that still be considered TM infrigement?

    Example: Surgery Alerts vs. Surgery Plans
  • 09-28-2015, 08:43 AM
    Mr. Knowitall
    Re: How Different Must Your Trademark Be from a Competitor's
    This isn't a question that can be answered in the abstract, although a generic word within a two-word trademark is going to be the weaker link.
  • 09-28-2015, 10:30 AM
    jlklin
    Re: How Different Must Your Trademark Be from a Competitor's
    Thank You Mr. Knowitall... your reference to the generic word within a two-words. This leads me to believe that this second word is not a strong enough differientiate between two TM. Correct?
  • 09-28-2015, 11:13 AM
    Mr. Knowitall
    Re: How Different Must Your Trademark Be from a Competitor's
    Again, this isn't a question that can be answered in the abstract.
  • 10-28-2015, 03:58 AM
    flyingron
    Re: How Different Must Your Trademark Be from a Competitor's
    In the abstract, you can be found infringing if their is a liklihood of confusion or dilution of a famous mark.
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