Trademarks

I am trying to find information on trademarks. I did a search on the ones I wish to use and found that one was similar.

My Question:

Is it possible to have two trademarks registered for the same thing? In other words can two people trademark the same name, as long as they look diff.? Does the trademark control apply to the phrase or the look of the phrase? I hope that I have explained that the way I meant it//

Thank you

My response:

This is an old battle. The most famous of these trademark wars comes to mind, from early in the 1900's, was that of Coca-Cola Company vs. Koca Kola Company. The court upheld the Coca-Cola trademark because of the sound and the nearness of the spelling. But, what was dispositive for the court in that case was the fact that both companies were in the softdrink business, and by the court's standards, Koka Kola Company was a "Johnny come lately" trying to enhance it's own business on the coat tails of the Coca-Cola Company that had been using that name in commerce since the late 1800's.

A federal trademark:
. relates to words, names, symbols, or devices that indicate the source or origin of the product.

. is used to prevent others from using a confusingly similar mark but not from selling products under a different non-confusing mark.

. must be individually identifiable and distinguishable from those of others with similar goods or services.

. is appropriate only if its use is not prohibited by legislative enactment or by another public policy.

. assures the buyer of the authenticity of a product or service.

. implies that the seller has exercised some standards of quality associated with goods or services covered by the trademark.

. is of limited use to M&O contractors because most DOE laboratories do not produce goods for sale; however, trademarks may be used to identify an item that is routinely sold and in which the laboratories are the only available source.

. may be licensed as part of a technology transfer agreement.

. Registration of a federal trademark is established simply by using it in interstate commerce, or by following the intention to use provisions.

Example:
Since Coca-Cola is a trademark, another company wouldn't be allowed to sell a cola product and call it Koca-Kola.

IAAL



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Thank you very much. I will still go throught the process, but I think your answer really helped me out. Do you think I should still see an attorney about it and have him/ her do a search, register it, etc OR am I safe if I fill out the paperwork myself? Thank you again for your speedy reply!

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Timmy Ten Toes:
Thank you very much. I will still go throught the process, but I think your answer really helped me out. Do you think I should still see an attorney about it and have him/ her do a search, register it, etc OR am I safe if I fill out the paperwork myself? Thank you again for your speedy reply!<HR></BLOCKQUOTE>


My response:

You don't need me to tell you what the right answer to this latest question is, do you?

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."