Trademark Question

[Anon11230]

NY

Hi All!
I was hoping you can help me out. I want to register a trademark. I saw a live TM in the USPTO database for "Fun Time Photobooth" I wanted to register a trademark "Fun Time Photo" we are in the same industry and market. Can I still register the TM?


Thanks for your help!

 

[justalayman]

You can file an application to register it. Chances are it is likely to be rejected due to the similarity to the other trademark. As well, the owner of the other mark does have the option of objecting to your application as well.
'

Have you actually used your mark in commerce?

 

[Anon11230]

You can file an application to register it. Chances are it is likely to be rejected due to the similarity to the other trademark. As well, the owner of the other mark does have the option of objecting to your application as well.
'

Have you actually used your mark in commerce?

I made a site, and started marketing. Well ..back to the drawing board sucks i have to start over

 

[quincy]

NY

Hi All!
I was hoping you can help me out. I want to register a trademark. I saw a live TM in the USPTO database for "Fun Time Photobooth" I wanted to register a trademark "Fun Time Photo" we are in the same industry and market. Can I still register the TM?


Thanks for your help!

On a quick search, I did not find that "Fun Time Photobooth" was registered with the USPTO.

The words fun and time and photo and photobooth are all generic words which can be used by anyone. In registering a mark with generic words, the generic words must be disclaimed.

That said, it is sometimes possible for the combination of generic words to work as an identifier for a product or service, if the combination adequately works to distinguish one product or service from that of another (which is the whole purpose of a trademark). Occasionally generic words in combination have become enforceable marks when they have been used in commerce for a long period and have become connected in consumers' minds with a particular product or service. This is how Kentucky Fried Chicken and Arizona Iced Tea became enforceable trademarks (although the words Kentucky and Arizona and fried chicken and iced tea can still be used by anyone).

I think you can probably come up with a better name, a unique name, for your photo business that will set it apart from all others.

Good luck.

 

[Anon11230]

The business name is different. I'll message it to you. Didn't want this on the Internet

 

[quincy]

The business name is different. I'll message it to you. Didn't want this on the Internet

I received your message and I see that the logo of the business has been registered as a trademark since 2009. Although I didn't check, a copyright on the design might also be registered with the Copyright Office. It is a nice mark.

One word used in the logo has been disclaimed (is not protectable) except as it appears in the design. The other words have been used by several different businesses (the words are generic) but in different classes.

Again, it appears to me that you would have difficulty having your mark federally registered, for a variety of reasons. Your registration is likely to be denied and/or challenged. But you can have the particulars reviewed by an IP attorney in your area for a better determination.

I think you would be smart to identify your business with a unique name (and logo, slogan, phrase, colors) that will make your business stand out from the competition.