Service Mark question

[scotmockup]

What is the name of your state? Indiana. I am using the phrase 'A cut above' in an advertisment and a competitor has contacted me saying they have a service mark on the phrase. I did a search and the phrase they have service marked is 'A cut above the rest'. Are these one and the same or can I continue to use the phrase A cut above?

Thanks

ScottWhat is the name of your state?

 

[divgradcurl]

You can continue to use the phrase, but you never know, they might try to sue you anyway. Trademark not only covers the exact words, but also covers "confusingly similar" phrases, in this case. Now, whether or not your phrase is "confusingly similar" to the registered service mark is a question that will depend on the facts of your specific situation. Your best bet is to sit down with a local attorney, who can review all of the actual facts in your case, and advise you accordingly.