Is is a violation?

[atozcom]

What is the name of your state? CA

Let's say "Smith Instruement Corporation" also registered as a registered trademark single word "Smith" for a water filtering equipment it produces, with a list of peripheral equipment for water filtering.

Lets say a search found there are several single word "Smith" registered as trademark for other service and products.

Lets say I make a adjustable flow controller, which is not in the list of water filter peripheral equipment in the registered trademarks of "Smith". Smith Instruement Corporateion produces a water filter machine MXX234. MXX234 is not a registered trademark.

Is "Non-Smith Adjustable flow Controller for MXX234" a violation of registered trademark?

 

[Veronica01]

Let's say you have not asked a question

 

[atozcom]

I thought the question is at the last sentence of my post:

Is "Non-Smith Adjustable flow Controller for MXX234" a violation of registered trademark?

or let me rephrase the question:

Is selling a product: "Non-Smith Adjustable flow controller for MXX234" a violation of the registered tradmark "Smith", of Smith Instruement Corporation?

Thanks

 

[tijaco-wv]

I thought the question is at the last sentence of my post:

Is "Non-Smith Adjustable flow Controller for MXX234" a violation of registered trademark?

or let me rephrase the question:

Is selling a product: "Non-Smith Adjustable flow controller for MXX234" a violation of the registered tradmark "Smith", of Smith Instruement Corporation?

Thanks

why not find a name for it and get your own trademark ?

Timo

 

[atozcom]

That is good suggestion.

However, I still like to know the answer to my original question.

 

[divgradcurl]

Here's an answer -- Most Likely Yes, it will be infringing.

Does the "Smith Instrument Company" have a trademark usage policy on its website, or otherwise available from the company? If so, that policy will tell you for sure if the usage you are interested in conflicts with their understanding of their trademark rights. Most companies will not allow another company to use their trademark to sell an add-on product wihtout written permission -- the reason for this is that your product might be a competitor to either something Smith sells or something that another company working with Smith sells.

If your product does not conflict with anything Smith sells, have you tried to ask for their permission to use their name?