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Trademark Question

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crystalcat67

Junior Member
What is the name of your state (only U.S. law)? Texas

Would it be a trademark infringement if I use a word, Alpha-Beta with the dash in the name, when the registered trademark is AlphaBeta no dash?

Also, if the word AlphaBeta is trademarked, would I be able to register the name AlphaBeta Construction? I see lots of examples where there are phrases with a trademark, that include a single wordmark from a different company.

This is just an example, not the actual word I am using.

Thank you for your help!
 


FlyingRon

Senior Member
Adding a hyphen or spaces isn't going to change things much. Do you think you can call stuff Jello just because the trademark is Jell-O?

If your use leads to confusion or dilutes a famous mark, you're going to be found to be infringing.
 

crystalcat67

Junior Member
Thanks FlyingRon. That's what I thought. It's weird though because I've seen two other examples of companies that are using the word with a space between the words, such as Alpha Beta, or Alpha Beta Construction. The first one even had a trademark with the space. It's all so confusing - I give up.

I'm just going to pick something else.

Thank you for the opinion and helping me!
 

justalayman

Senior Member
Thanks FlyingRon. That's what I thought. It's weird though because I've seen two other examples of companies that are using the word with a space between the words, such as Alpha Beta, or Alpha Beta Construction. The first one even had a trademark with the space. It's all so confusing - I give up.
!
the owner of a trademark must contest the use. Nobody else will if they don't. If they don't, not only will the user not be subject to legal action but the owner of the TM could eventually lose their claim.

As to the similarly trademarked terms, what the company does and if it is local, statewide, or nationally recognized can make a difference as well.

Lot's of quirks that can make a difference.
 

crystalcat67

Junior Member
Thanks justalayman - that makes sense. Definitely lots of quirks to it.

One more question if anyone would know. If I've already established a twitter user name of @alphabetaconst (example), would I still be allowed to use it? Or even a website called www.alphabetaconstruction.com ? If someone owns Alphabeta as a trademark?

I started my twitter and website a few months ago, and have them active. If contested, would they have a way to make me shut those down?

Reason I ask, is I see stuff like @disneylover or the disney food blog and they don't seem to be contested by Disney.

Thoughts?
 

FlyingRon

Senior Member
Just registering a domain, user name, company name, etc... doesn't establish any rights of primacy. You have to be using it in commerce. As stated, it's largely (for marks not otherwise famous) determine to be the liklihood of confusion. Do their uses overlap at all.

For example. AlphaBeta Construction might quite well co-exist with AlphaBeta Dog Grooming but not with AlphaBeta Remodeling.
 

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