Two word trademark?

[Robert Haworth]

If a company has a trademark on just two words can another company trademark those two words plus a couple more words added to it, like say "hot dog" was trademarked, can I trademark "hot dog Weiner subs"?

 

[PayrollHRGuy]

If it would cause confusion in the market the odds are no.

 

[FlyingRon]

Even if it were a one-word trademark, it could be infringing.

It all depends on what the word(s) are and what the products and use is.

"Hot Dog" would be a very weak to unenforceable mark if you're talking about selling wieners.

 

[quincy]

If a company has a trademark on just two words can another company trademark those two words plus a couple more words added to it, like say "hot dog" was trademarked, can I trademark "hot dog Weiner subs"?

What is the name of your state, Robert Haworth, or, if not in the U.S., what is the name of your country?

A trademark is a company goods or services identifier. You do not "trademark" a word or two words but rather you use the word or words to identify your goods/services in commerce and they become your trademark - the name by which consumers can distinguish your goods and services from the goods or services of others.

Federal registration of your trademark is not necessary in the U.S. It will be the use of your mark in commerce that gains for you rights in the mark, with the first user of the mark the presumed owner of the trademark. Registration of the trademark is important, however, in that it gives the country notice of the date of first use, and shows that the mark is being used and others should not infringe.

There are many trademarks that are the same or similar to each other. This is a problem only when consumers are confused by the origin of the goods/services, believing that one company is the same as the other or affiliated with the other.

A "Hot Dog" trademark can be a strong trademark if it is used to identify something other than hot dogs. A clothing brand, for example, could use Hot Dog as their clothing brand and it becomes a unique identifier.

If a hot dog manufacturer wants to use Hot Dog as part of a trademark (e.g., Willy Wilson's Hot Dogs), he probably could use that name without infringing on the clothing brand's Hot Dog trademark.

No consumer confusion would be generated because consumers are not likely to think edible hot dogs are wearable clothing items.

With trademarks, the specific names involved and what these names are identifying is important. You can consult with an IP professional in your area to go over the specific trademark you wish to use and the possible risks you face in using it.

Good luck.