All Questions in Can I Trademark it? >> How Tight Is The Area Of Application For A Trademark

How Tight Is The Area Of Application For A Trademark

Posted by Anonymous . updated on 11/11/2009
I am considering a three word title of fairly common words for a new blog.  To help understand, it could be say New Mortgage Coaching.  The posts will be entirely about news items and associated commentary.

There is an existing US trademark for these words and an associated image.  It has been designated for educational seminars.

Is it likely that the trademark owner could seek to prevent the use of this same phrase for another purpose?  If they did so, how likely are they to succeed?



Answers (2)
 
JSonnabend
Search these forums for "likelihood of confusion".  What you'll find over and over again are warnings that it is impossible to provide substantive advice like the advice you seek based on hypotheticals.  You'll also see that the test for infringement is "likelihood of confusion."

- Jeff
 
 
bwelford
Thank you, Jeff.  I found the instances helped me to better understand the LOC concept.

Since the company seems to use the trademark as a name for a series of podcasts, then there could be possible confusion with a blog of the same name.  So back to the drawing board, I guess.
 

Related Questions

3d illustrations of other

3d illustrations of other's copyrighted/patented objects

In Can I Trademark it?    -  updated on 11/11/2009
I am a 3D illustrator looking into self-publishing a book of 3D cutaway illustrations of various household devices. Would it be legal to include a 3D cutaway illustration of the Microsoft X-box (for example)?
Protecting my trade mark on the internet

Protecting my trade mark on the internet

In Can I Trademark it?    -  updated on 11/11/2009
I have a registered(in Canada) trade mark for my business.I comissioned the design. It is a kind of superhero cartoon character. It is very cute and apealing. Everyone loves it. I have it on my website with a tm beside it and all rights reserved on the bottom of page. I am nervous that people will just take it and use it for anything. I am concidering taking it off my web page untill my company has enough money to sue everyone. Am I being paranoid or smart?  Thanks.
How Tight Is The Area Of Application For A Trademark

How Tight Is The Area Of Application For A Trademark

In Can I Trademark it?    -  updated on 11/11/2009
I am considering a three word title of fairly common words for a new blog.  To help understand, it could be say New Mortgage Coaching.  The posts will be entirely about news items and associated commentary.

There is an existing US trademark for these words and an associated image.  It has been designated for educational seminars.

Is it likely that the trademark owner could seek to prevent the use of this same phrase for another purpose?  If they did s...
Totally Clueless about Trademarks

Totally Clueless about Trademarks

In Can I Trademark it?    -  updated on 11/11/2009
For arguments sake, lets say there is an active trademark for the words "Lame Duck".  They sell pictures of lame duck presidents.

And I am planning to call my LLC "Lame Duck Enterprises LLC".  And I would like to create a brand and logo.   The logo will be of a duck with a broken leg and perhaps somewhere in the logo the words "Lame Duck".  My business would be an online service on how to take care of injured ducks.
 ...
Trademarking business name

Trademarking business name

In Can I Trademark it?    -  updated on 11/11/2009
I'm starting a new e-commerce retail business next year and I had a few questions in regards to trademarking a name.
My goal is to avoid any trademark infringements, like most of us here, and I'm afraid that the name I have in mind, might be a problem?
For example:
Say "Paper market" has been trademarked under USPTO by an another e-commerce shop and say my store name was going to be called "Paperlove" (without the space in between). Would it be O...