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Are all trademarks posted on a website?
- Thread starter BigGuy200
- Start date
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quincy
Senior Member
No. Only federally registered trademarks will be found on the federal registry. In the US, trademarks do not need to be registered to have trademark protection. It will generally be the first user of a trademark in commerce who will own the trademark. This is different than it is in other countries, where registration shows ownership.
What is the name of your state, BigGuy200, or are you posting from a different country?
quincy
Senior Member
BigGuy200, I received your message. I am sorry but I do not accept phone calls from posters and I do not respond privately to questions. For these reasons, I will try to address your questions here.
We request of all posters that they provide the name of their state or, if not in the US, the name of their country. Trademark laws are different in the US than they are in other countries.
That said, in all countries, it can be difficult to determine with certainty "how similar is too similar" when deciding on a name to identify your product or service. If a trademark holder believes your use of a mark infringes on their mark - whether it does or not - the trademark holder can send you a cease and desist letter, or the trademark holder can sue you for trademark infringement. At that point, it can be up to a court to decide if your trademark infringes on the rights of the other trademark holder.
Trademark law centers on consumer confusion. If a trademark confuses consumers, or is likely to confuse consumers, into thinking one company is the other company, the odds are pretty good that one mark infringes on the rights of the other. Consumer confusion is more likely when similar trademarks are used on similar goods and services, in the same geographic areas, and/or marketed to the same consumers. The similarity is not limited to how the trademark looks, either. How a trademark sounds when spoken can also lead to consumer confusion. For example, naming your cookie product OReeeOh would infringe on the Oreo cookie mark even though the spelling is different.
Although trademark searches are important to see if a trademark is already in use by another company, a trademark search is not infallible. Not all trademarks are federally registered and not all trademark-holders have an online presence. A trademark search, therefore, only reduces the chance that the mark you want to use as an identifier for your product or service does not infringe on the rights of another.
That is why it is generally best, and generally advised, that you create for your product or service identifier a name that is unique to you alone. This can be done by making up a word (like Kodak and Google did) or by combining too unrelated words (like Owl Ice did) or by using a common word in an uncommon way (like Arrow for shirts and Penguin for books).
I think I addressed your questions? If not, or if you have additional questions, you can add them to this thread.
We request of all posters that they provide the name of their state or, if not in the US, the name of their country. Trademark laws are different in the US than they are in other countries.
That said, in all countries, it can be difficult to determine with certainty "how similar is too similar" when deciding on a name to identify your product or service. If a trademark holder believes your use of a mark infringes on their mark - whether it does or not - the trademark holder can send you a cease and desist letter, or the trademark holder can sue you for trademark infringement. At that point, it can be up to a court to decide if your trademark infringes on the rights of the other trademark holder.
Trademark law centers on consumer confusion. If a trademark confuses consumers, or is likely to confuse consumers, into thinking one company is the other company, the odds are pretty good that one mark infringes on the rights of the other. Consumer confusion is more likely when similar trademarks are used on similar goods and services, in the same geographic areas, and/or marketed to the same consumers. The similarity is not limited to how the trademark looks, either. How a trademark sounds when spoken can also lead to consumer confusion. For example, naming your cookie product OReeeOh would infringe on the Oreo cookie mark even though the spelling is different.
Although trademark searches are important to see if a trademark is already in use by another company, a trademark search is not infallible. Not all trademarks are federally registered and not all trademark-holders have an online presence. A trademark search, therefore, only reduces the chance that the mark you want to use as an identifier for your product or service does not infringe on the rights of another.
That is why it is generally best, and generally advised, that you create for your product or service identifier a name that is unique to you alone. This can be done by making up a word (like Kodak and Google did) or by combining too unrelated words (like Owl Ice did) or by using a common word in an uncommon way (like Arrow for shirts and Penguin for books).
I think I addressed your questions? If not, or if you have additional questions, you can add them to this thread.
Last edited:
Silverplum
Senior Member
You're a saint, Q. 
We admire you!
(yes, a tiny poem)
We admire you!
(yes, a tiny poem)
justalayman
Senior Member
He's also pretty creative. Example;You're a saint, Q.
We admire you!
(yes, a tiny poem)
For example, naming your cookie product OReeeOh would infringe on the Oreo cookie mark even though the spelling is different.
But Quincy, what if I pronounce that: o rio?
quincy
Senior Member
"Yay!" for tiny poems. Thanks for making me the subject of such a nice one.You're a saint, Q.
We admire you!
(yes, a tiny poem)
And, justalayman, if you pronounce "OReeeOh" as "o rio," you might have more issues than trademark ones
... but I still think you risk infringing on Oreo's mark.
justalayman
Senior Member
I've never claimed I don't have issues."Yay!" for tiny poems. Thanks for making me the subject of such a nice one.
And, justalayman, if you pronounce "OReeeOh" as "o rio," you might have more issues than trademark ones
quincy
Senior Member
Good point.
If you do have other issues, you potentially could add one more if you name a cookie product "OReeeOh" ... even if you pronounce it "o rio."
Naming a non-cookie product "o rio" (such as a jewelry product) would not come with as much risk ... unless your jewelry is designed as round black o's with creamy-white centers.
But even a non-cookie product is likely to run into problems with the name "OReeeOh" because Oreo is a famous mark and can therefore assert rights that non-famous marks might not be able to.
justalayman
Senior Member
You're a hoot Quincy. Your replies are starting to really make me wonder if you aren't en extremely advanced AI bot. Your ability to remain on point, even as I attempt to veer off is amazing. Almost not human amazing.Good point.
If you do have other issues, you potentially could add one more if you name a cookie product "OReeeOh" ... even if you pronounce it "o rio."
Naming a non-cookie product "o rio" (such as a jewelry product) would not come with as much risk ... unless your jewelry is designed as round black o's with creamy-white centers.
But even a non-cookie product is likely to run into problems with the name "OReeeOh" because Oreo is a famous mark and can therefore assert rights that non-famous marks might not be able to.
Hey, I never wished you a Merry Christmas (do bots even know it's Christmas (hmm, sounds like the basis for a song)) or my very best wishes for a Happy New Year. So;
Belated Merry Christmas and hopes you have a very good new year.
quincy
Senior Member
I've never claimed I was not a bot.
Belated Merry Christmas to you, too, justalayman. I hope 2017 is filled with only good things for you and yours.
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