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Trademarking a word

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D

dillony

Guest
What is the name of your state? Texas

Let’s use the acronym FUBAR for an example. If I were to trademark this set of 5 letters in a row, and it isn’t a real word. Would somebody then be able to come along and trademark something like GetFUBAR ? or anything else using those 5 letters?

Thanks.
 


HomeGuru

Senior Member
dillony said:
What is the name of your state? Texas

Let’s use the acronym FUBAR for an example. If I were to trademark this set of 5 letters in a row, and it isn’t a real word. Would somebody then be able to come along and trademark something like GetFUBAR ? or anything else using those 5 letters?

Thanks.
**A: it depends.
 
D

dillony

Guest
What would it depend on?

What if it wasn't an acronym, but just a slang term. Let's use "Smilz". If that word was trademarked, then would somebody be able to come along and use GotSmilz? or CameraSmilz?

Thanks.
 
M

me5904

Guest
The question that will be asked in such event is whether the new created word is likely to confuse the public as to who owns the trademark.

This will be examined according to legal tests.

When you register your trademark, you do so in respect of a specific class, eg: dairy products, toys, etc.
Anyway who would be attempting to use a similar word in respect of the same class would likely confuse the public and i.e - is infringing your trademark.

Did I help a little?
 

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