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Added for You - Trademarks - What is a Conflict? What is a Strong Similarity?
Could you use a little help protecting your invention? If so, an attorney skilled in patent law is your best bet.As you can imagine, conveying your invention to someone who knows nothing about it will be difficult. Therefore, it is best if you are in direct contact with your patent attorney. You can meet in person and show the patent attorney any prototypes or drawings you may have to help illustrate your invention. As you can probably guess, the process will go more smoothly if you work with a patent attorney near you. Although it can be done, a long distance
Specific questions to ask:
- What services do you provide? / What exactly does your product do?
- I notice you are located in _________, are you currently doing business outside that area?
- Do you have a web page that describes your business? Do you have a brochure that you could send or fax me?
It is best to not let on who you are – simply act like an interested consumer.
Once you’ve checked the status of t
The avalanche of knowledge and facts in the World Wide Web, the much easy way of sending messages and information through the internet, the new generation of cell phones, computers and laptops of all sorts, the production and media equipment, even the most high tech means of transportation were all products of the advancement of Information Technology. These had been the cause of the dramatic changes in the lives and productivity of many organizations. Communication done electronically with just a click away has influenced organizations linkages in so many ways. Organiz
The hardest matter to determine is what's going to be a potential problem for you and what isn't. Once that is ascertained, further research into the company or companies is needed.
First, let's discuss the difference between conflicts and strong similarities.
What is a Conflict?
Determining a conflict is very simple - it's any mark that is EXACTLY like yours. If the name AND the goods/services are EXACTLY the same, then it's a Conflict.
What is a Strong Similarity?
These are harder to determine and require analysis. A Strong Similarity is a name that is similar enough in Sound, Appearance or Meaning to be confusingly similar to the average consumer. Here are some examples to aid you:
- Joe has a pending Federal trademark for his auto detailing service called It's in the Details. Becky wants to call her new auto detailing service, It is the Details. They are both offering the same service and their trade areas cross. This is a Strong Similarity, based on Sound & Appearance and Joe's pending Federal application.
- Mary has a Federally registered trademark for her clothing line, Scary Mary's Apparel. Dan wants to use the name Mary Frightful Wear for his clothing line. This is a Strong Similarity, based on Meaning & Mary's Federal registration.
- Sam has a California state registered trademark for his restaurant, Crabtastic Eats! and has no plans to expand outside of the state and primarily serves locals. Hannah's restaurant, Crabtastic, is located in Maine. She also has no plans to expand outside of the state and primarily serves locals. This is NOT a Strong Similarity based on their different trade areas.
- Lorena's online payroll service, Pay Up, has been in use for 15 years and has clients across the country. Gene wants to start an online payroll service called Wage Wizard. Neither of them have trademarks. This is NOT a Strong Similarity based on the dissimilarity in the names.
Two important notes:
It's crucial that comprehensive research be conducted in order to decide if the name is truly available or not. Free preliminary sites found on the web are a great place to start but please be aware that this is merely scratching the surface of what's out there.
Determining what is a conflict or a strong similarity requires experience and it is very easy to over or under-react to marks you've found. If you're vacillating about any marks, contact a trademark research firm or an attorney for further consultation.
Now, once those similar marks have been found and determined, the next step is to check into them to determine whether or not there would be a likelihood of confusion between the two companies when used in commerce.
How to get started with your competitive check:
- For Federal trademarks: check the current status of the application by going to USPTO Check Status site and entering the serial number in the appropriate box
- Do a web search for the trademark name AND for the owner name.
- Call information to find phone numbers and contact information for each company.
- Contact each of the similarities to find out specifically what they do and what their business area is.
Specific questions to ask:
- What services do you provide? / What exactly does your product do?
- I notice you are located in _________, are you currently doing business outside that area?
- Do you have a web page that describes your business? Do you have a brochure that you could send or fax me?
It is best to not let on who you are – simply act like an interested consumer.
Once you’ve checked the status of t
By learning to speak to a diverse audience, you can broaden your client base transfer the learning to more people. We need to be more "PC". Were not talking "political correctness", were talking "Positively Conscious", of who is in our audience and understanding how to make people feel included. The more people feel included, the more they will listen to you, use your information and come back for more. If you offend people they will shut down and you will lose them. 1) Use words that include rather than exclude. While some women don't mind being called ladi
- Joe has a pending Federal trademark for his auto detailing service called It's in the Details. Becky wants to call her new auto detailing service, It is the Details. They are both offering the same service and their trade areas cross. This is a Strong Similarity, based on Sound & Appearance and Joe's pending Federal application.
- Mary has a Federally registered trademark for her clothing line, Scary Mary's Apparel. Dan wants to use the name Mary Frightful Wear for his clothing line. This is a Strong Similarity, based on Meaning & Mary's Federal registration.
- Sam has a California state registered trademark for his restaurant, Crabtastic Eats! and has no plans to expand outside of the state and primarily serves locals. Hannah's restaurant, Crabtastic, is located in Maine. She also has no plans to expand outside of the state and primarily serves locals. This is NOT a Strong Similarity based on their different trade areas.
- Lorena's online payroll service, Pay Up, has been in use for 15 years and has clients across the country. Gene wants to start an online payroll service called Wage Wizard. Neither of them have trademarks. This is NOT a Strong Similarity based on the dissimilarity in the names.
Two important notes:
It's crucial that comprehensive research be conducted in order to decide if the name is truly available or not. Free preliminary sites found on the web are a great place to start but please be aware that this is merely scratching the surface of what's out there.
Determining what is a conflict or a strong similarity requires experience and it is very easy to over or under-react to marks you've found. If you're vacillating about any marks, contact a trademark research firm or an attorney for further consultation.
Now, once those similar marks have been found and determined, the next step is to check into them to determine whether or not there would be a likelihood of confusion between the two companies when used in commerce.
How to get started with your competitive check:
- For Federal trademarks: check the current status of the application by going to USPTO Check Status site and entering the serial number in the appropriate box
- Do a web search for the trademark name AND for the owner name.
- Call information to find phone numbers and contact information for each company.
- Contact each of the similarities to find out specifically what they do and what their business area is.
Specific questions to ask:
- What services do you provide? / What exactly does your product do?
- I notice you are located in _________, are you currently doing business outside that area?
- Do you have a web page that describes your business? Do you have a brochure that you could send or fax me?
It is best to not let on who you are – simply act like an interested consumer.
Once you’ve checked the status of t
I have a question for you: When someone signs up to receive your ezine or other Free Taste of what it is that you're offering, where do they end up?Do they see a polite thank you page from you? Or do they see the default confirmation page from your list service? Or do they see nothing and are left wondering if the registration went through?People who are signing up for your list expect to see a page afterwards as a normal part of the transaction. On that page, it's important to thank them for signing up and make them feel good about their decision. Also, i
Two important notes:
It's crucial that comprehensive research be conducted in order to decide if the name is truly available or not. Free preliminary sites found on the web are a great place to start but please be aware that this is merely scratching the surface of what's out there.
Determining what is a conflict or a strong similarity requires experience and it is very easy to over or under-react to marks you've found. If you're vacillating about any marks, contact a trademark research firm or an attorney for further consultation.
Now, once those similar marks have been found and determined, the next step is to check into them to determine whether or not there would be a likelihood of confusion between the two companies when used in commerce.
How to get started with your competitive check:
- For Federal trademarks: check the current status of the application by going to USPTO Check Status site and entering the serial number in the appropriate box
- Do a web search for the trademark name AND for the owner name.
- Call information to find phone numbers and contact information for each company.
- Contact each of the similarities to find out specifically what they do and what their business area is.
Specific questions to ask:
- What services do you provide? / What exactly does your product do?
- I notice you are located in _________, are you currently doing business outside that area?
- Do you have a web page that describes your business? Do you have a brochure that you could send or fax me?
It is best to not let on who you are – simply act like an interested consumer.
Once you’ve checked the status of t
Well we have seen some changes in the car wash industry lately and equipment manufacturers are looking into ways to capitalize on this, of course the sales to seize the new opportunity indeed requires something they are not readily use too. How do you sell Car Wash Equipment to Box Store and Large Corporations?Why would they buy car wash equipment anyway? Well you see Wal-Mart, Sam’s Club and Home Depot are all trying test markets and using some of that extra space in their parking lots to put in car washes and they will need car wash equipment to do this r
Determining what is a conflict or a strong similarity requires experience and it is very easy to over or under-react to marks you've found. If you're vacillating about any marks, contact a trademark research firm or an attorney for further consultation.
Now, once those similar marks have been found and determined, the next step is to check into them to determine whether or not there would be a likelihood of confusion between the two companies when used in commerce.
How to get started with your competitive check:
- For Federal trademarks: check the current status of the application by going to USPTO Check Status site and entering the serial number in the appropriate box
- Do a web search for the trademark name AND for the owner name.
- Call information to find phone numbers and contact information for each company.
- Contact each of the similarities to find out specifically what they do and what their business area is.
Specific questions to ask:
- What services do you provide? / What exactly does your product do?
- I notice you are located in _________, are you currently doing business outside that area?
- Do you have a web page that describes your business? Do you have a brochure that you could send or fax me?
It is best to not let on who you are – simply act like an interested consumer.
Once you’ve checked the status of t
Many Independent Financial Advisers (IFA’s) are considering CeMAP training as a way to increase their business profitability by adding to the range of products that they are able to advise on. By undertaking the CeMAP training and becoming qualified, an Independent Financial Adviser can then offer mortgage advice as well as advising on the range of products in his or her current portfolio.The CeMAP qualification recognises the training that the IFA has already undertaken by exempting a fully qualified IFA from the CeMAP 1 exam. I
Specific questions to ask:
- What services do you provide? / What exactly does your product do?
- I notice you are located in _________, are you currently doing business outside that area?
- Do you have a web page that describes your business? Do you have a brochure that you could send or fax me?
It is best to not let on who you are – simply act like an interested consumer.
Once you’ve checked the status of the application & contacted the companies directly, the next step is to discuss the findings with a trademark attorney. S/he will assist you in determining your next steps.
* No claim is made to the ownership, knowledge or liability of the above personal and/or company names. The above examples are merely for informational purposes and should only be seen as such.
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