likelihood of confusion between "AA Talk" and "AA LIVE CHAT"

[keving]

I am trying to register for a trademark of "AA LIVE CHAT", but found there is a "AA TALK" in the process already. They are an educational company providing online language learning/tutoring service. We are a live chat software provider. They have "Instant Messaging" in their trademark application. "Instant Messaging" is quite close to what we do.

Can we get "AA Live Chat"?

P.S. "AA" is not the actual mark. It is just to show the purpose.

Thanks a lot for your help,

Kevin

 

[quincy]

I am trying to register for a trademark of "AA LIVE CHAT", but found there is a "AA TALK" in the process already. They are an educational company providing online language learning/tutoring service. We are a live chat software provider. They have "Instant Messaging" in their trademark application. "Instant Messaging" is quite close to what we do.

Can we get "AA Live Chat"?

P.S. "AA" is not the actual mark. It is just to show the purpose.

Thanks a lot for your help,

Kevin

Are you located in the US? If so, what is the name of your state? If not, in what country do you reside?

 

[keving]

I am in Canada, but want to apply for a US trademark.

Kevin

 

[quincy]

I am in Canada, but want to apply for a US trademark.

Kevin

Okay. You can file through WIPO (http://www.wipo.int/madrid) or through the USPTO (http://www.uspto.gov).

Following are two links, to the US Trademark Manual of Examining Procedure and to a defining US case on likelihood of confusion, so you can see how your particular trademark choice will be judged in the US.

US TMEP: https://mpep.uspto.gov/RDMS/TMEP/current

Polaroid Corporation v. Polarad Electronics Corporation, 182 F.Supp. 350 (EDNY 1960): http://law.justia.com/cases/federal/district-courts/FSupp/182/350/1902964/

 

[keving]

Can you advise if we will be ok with the "AA Live Chat" mark?

Thanks,

Kevin

 

[LdiJ]

Can you advise if we will be ok with the "AA Live Chat" mark?

Thanks,

Kevin

No one here can advise you on something like that. You need the advice of an attorney who is paid to take a position.

 

[quincy]

Can you advise if we will be ok with the "AA Live Chat" mark?

Thanks,

Kevin

I can't tell you if "AA Live Chat" will be denied registration by the USPTO or if "AA Talk" will oppose your registration. It is certainly possible.

If you think that your preferred mark could confuse consumers into thinking AA Live Chat is AA Talk, you would probably be smart to come up with a name that is unique to you alone.

It would be smart for you to discuss your trademark registration with an attorney in Canada prior to filing.

Good luck.