Trademark infringement possibility

[Path11_Media]

What is the name of your state? Georgia

I have been using the name "Epicuria", a fictitious country, for education/entertainment in food and nutrition for families and children. I am starting a web series for entertainment, education, and advertising, and want to start a line of kitchen and home products, starting out small at first, to compliment the entertainment aspect and build an income stream. The main product category would be IC 021, with later expansion into similar product types (home and kitchen) The full web series name is "Love From Epicuria". I have designed a logo that incorporates the name "Epicuria" , when I ran an extensive search of the name I found nothing Live under Epicuria but did find a company that manufactures and sells similar product called "Epicurean".

So, my question is, if I submit a trademark application for "Epicuria", would it be too close to "Epicurean" that it would be refused? Challenged? I am submitting a trademark application for the media side as "Love From Epicuria" so I don't foresee any problems as that is a service category. If it looks like Epicuria would be refused in the products area (IC 021), would submitting the name "Love From Epicuria" be more likely to be accepted in the products category (IC 021) than just the "Epicuria" name?

 

[quincy]

What is the name of your state? Georgia

I have been using the name "Epicuria", a fictitious country, for education/entertainment in food and nutrition for families and children. I am starting a web series for entertainment, education, and advertising, and want to start a line of kitchen and home products, starting out small at first, to compliment the entertainment aspect and build an income stream. The main product category would be IC 021, with later expansion into similar product types (home and kitchen) The full web series name is "Love From Epicuria". I have designed a logo that incorporates the name "Epicuria" , when I ran an extensive search of the name I found nothing Live under Epicuria but did find a company that manufactures and sells similar product called "Epicurean".

So, my question is, if I submit a trademark application for "Epicuria", would it be too close to "Epicurean" that it would be refused? Challenged? I am submitting a trademark application for the media side as "Love From Epicuria" so I don't foresee any problems as that is a service category. If it looks like Epicuria would be refused in the products area (IC 021), would submitting the name "Love From Epicuria" be more likely to be accepted in the products category (IC 021) than just the "Epicuria" name?

Your Epicuria trademark potentially could be considered confusingly similar to Epicurean, especially if your trademark is used to identify goods/services in the same class as the registered Epicurean mark.

You can consult with a trademark attorney in your area for a thorough review but, based strictly on what you have said here, I would say there is a good chance your trademark choice would be opposed by the holder of Epicurean and/or denied registration by the USPTO.

 

[Path11_Media]

I thought standing on its own may cause a problem. Would the longer name associated with the web series dilute it enough to avoid the claim of similarity?

 

[quincy]

I thought standing on its own may cause a problem. Would the longer name associated with the web series dilute it enough to avoid the claim of similarity?

Possibly - but probably not.

I think you could have difficulty registering the trademark. I think the holder of the existing trademark would challenge your use.

You could have a thorough analysis done by a trademark attorney in your area but I think you would be smart to come up with a unique trademark.

 

[adjusterjack]

197 hits came up for Epicurean. 173 for Epicure.

You might have more trouble from a company called Epicure With Love than from anything with just Epicure as there are so many businesses with Epicure in the name.

 

[quincy]

197 hits came up for Epicurean. 173 for Epicure.

You might have more trouble from a company called Epicure With Love than from anything with just Epicure as there are so many businesses with Epicure in the name.

A very brief search of registered trademarks shows 7 “Epicurean” trademark registrations, 4 registered by one company and 3 registered by another company. One is for hotel, restaurant and bar services, and the other is for kitchen products.

There are 58 additional registered marks using “epicurean” in the name (with the word epicurean disclaimed) and there is one design mark registered for “Epicuria,” for an alcoholic beverages company in Morocco.

Your primary problem comes from wanting to use the same or similar name for the same class of goods/services as offered by a previously registered mark.

You can have a thorough review by a trademark professional in your area to better determine your risk in investing in a mark that might be challenged - or you can choose a name that no one else is using. Inventing your own word (e.g., like Nike did) or using a word unrelated to your goods/services (e.g., like Arrow shirts) or combining two unrelated words are all ways that you can avoid the risk of a cease and desist or lawsuit.

 

[Path11_Media]

197 hits came up for Epicurean. 173 for Epicure.

You might have more trouble from a company called Epicure With Love than from anything with just Epicure as there are so many businesses with Epicure in the name.

Actually it is "Epicuria". It was/is a fictitious country and characters used to teach nutrition. Epicuria isn't being used in any category I am looking at, only one live name for product and that is a liquor distributor and the other a shopping mall in Canada

 

[adjusterjack]

What you pay a trademark attorney now to advise you is $.

What you pay an attorney to defend you in an infringement lawsuit is $$$$$$$$$$$$$$$$$.

 

[NeilTheCop]

Your Epicuria trademark potentially could be considered confusingly similar to Epicurean, especially if your trademark is used to identify goods/services in the same class as the registered Epicurean mark.

I'm confused.
An Epicurean is a follower of the Greek philosopher Epicurus.
https://latin-dictionary.net/definition/19199/Epicurius-Epicuria-Epicurium
How did they get that copyrighted in the first place, as it's been in common usage for a few thousand years?

 

[quincy]

I'm confused.
An Epicurean is a follower of the Greek philosopher Epicurus.
https://latin-dictionary.net/definition/19199/Epicurius-Epicuria-Epicurium
How did they get that copyrighted in the first place, as it's been in common usage for a few thousand years?

This is not a COPYRIGHT issue. This is a TRADEMARK issue.

A trademark identifies goods or services. It distinguishes one company’s goods and services from those of all others. A trademark identifies the origin of the goods/services.

Common words can be used as product/service identifiers. Penguin is a trademark for books, Arrow is a trademark for shirts, Diesel is a trademark for clothes.

What cannot be registered as a trademark on the Principal Register is a common word used in its common way (e.g., using “Arrow” as a trademark for arrows).

 

[NeilTheCop]

This is not a COPYRIGHT issue. This is a TRADEMARK issue.

A trademark identifies goods or services. It distinguishes one company’s goods and services from those of all others. A trademark identifies the origin of the goods/services.

Common words can be used as product/service identifiers. Penguin is a trademark for books, Arrow is a trademark for shirts, Diesel is a trademark for clothes.

What cannot be registered as a trademark on the Principal Register is a common word used in its common way (e.g., using “Arrow” as a trademark for arrows).

Thanks for explaining

 

[quincy]

Thanks for explaining

You’re welcome.

 

[Path11_Media]

Ok, shifted back to this thread to avoid making volunteers bounce around.

I guess my question boils down to; why are trademarks listed as IC and US? Isn't the IC classification system the only one used since 1973?

 

[quincy]

Trademarks in the US are classified using the International Schedule.

 

[Path11_Media]

So the classes after US are from the IC list but filed in the US?

I'm putting together a spreadsheet of everything that could conflict so when I talk to an attorney he is better able to zero in on my concerns and build out from there. I want to be sure I'm talking the same language.