Help on Trademarking a name

[papaformigas]

What is the name of your state (only U.S. law)? Outside US

Hi,

Iam in need of some advice.

I want to trademark a name i will be using that have only 3 characters... I will not say the real name of it but will instead make a comparison.

Say I want to register "3C3" and theres someone that registered "3.C.3 Turbo" (disclaimer "Turbo").

Can I register "3C3"?? If i decide and go ahead and register it will I face opporition from the owner of the "3.C.3 Turbo" trademark?

Will the dots make the work different than mine that dont have dots ??

I need a help on this if i can register this trademark name or not..

Many thanks!

 

[FlyingRon]

You can't have a mark that is going to cause confusion with some else's mark. Slight changes in punctuation aren't going to be distinguishing. If their mark is famous or you cross market spaces you are likely to have a problem. Even in different market spaces you're likely to get some pushback from the person who owns the other mark.

The answer is, unless you are completely disjoint with the owner of the other mark, you should find something else.

 

[quincy]

What is the name of your state (only U.S. law)? Outside US

Hi,

Iam in need of some advice.

I want to trademark a name i will be using that have only 3 characters... I will not say the real name of it but will instead make a comparison.

Say I want to register "3C3" and theres someone that registered "3.C.3 Turbo" (disclaimer "Turbo").

Can I register "3C3"?? If i decide and go ahead and register it will I face opporition from the owner of the "3.C.3 Turbo" trademark?

Will the dots make the work different than mine that dont have dots ??

I need a help on this if i can register this trademark name or not..

Many thanks!

You say you are "outside US." In what country are you located?

Is the company with the name that is similar to your proposed name located in the same country as you? Have they registered their trademark?

Trademark laws in other countries are significantly different than the trademark laws in the US. In the US, a trademark does not have to be registered to gain rights to the mark. It is the use of the mark in commerce that provides the rights to the mark. In many other countries, it is the first to register a trademark who owns rights in the mark. Rights are gained from registration and not from use.

Also, if the trademark you wish to use is in use or registered in another country but it is not in use or not registered for use in your country, you can generally register it for use in your own country without a trademark infringement problem.

I recommend you sit down with an IP attorney in your area of the world to discuss the trademark you wish to use. Good luck.