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  1. #1

    Default Would using the same name be considered trademark infringement

    Hello,

    I'm in the process of starting-up an independent magazine, and I registered the domain name and everything after making sure there was no other company that had the same name.

    However, after all that, while searching through a trademark database I came across a trademark for the name I was planning to use.

    My question is this: If the supposed registered name is 'Space Lifestyle' can I use 'Space Lifestyle Magazine' as the magazine name, or is it still considered an infringement? I've posted details of the trademark filing below for reference.

    The reason I'm asking is that a national newspaper publishes a column every week with the same supposed name: "Space Lifestyle" and it doesn't look like there's any infringement. But I want to make sure I can use the name before I start producing anything.

    I don't know if the trademark is still in use since my initial search didn't show any active company/service with the name on the web, except for the newspaper column.

    Thanks for any help!


    ----------------------------------------------------

    Typed Drawing

    PICTURE FRAMES. FIRST USE: 19970123. FIRST USE IN COMMERCE: 19980402

    Mark Drawing Code (1) TYPED DRAWING

    Filing Date January 14, 1998

    Current Filing Basis 1A

    Original Filing Basis 1B

    Published for Opposition December 21, 1999

    Registration Date April 3, 2001

    Type of Mark TRADEMARK

    Register PRINCIPAL

    Live/Dead Indicator LIVE

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Questions of Use in Trade

    There is the question of how the trademark is being used. There are, for example, many companies which have tradmarked some variant of "ABC" - but they use the mark in different avenues of trade.

    Additionally, there may be common law trademark issues if others are using the name in a manner similar to that which you intend, even if there is not a registered mark.

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