Forums: Discussions for entrepreneurs and small business.

If I understand registered trademarks correctly, the confusingly similar test only holds up if you are within the same industry.  Can anyone confirm this for me?

We`ve come up with a tagline that turns out is indeed similar to another companies registered trademark, however, they are in a completely different industry.  Does the trademark hold up?

Thanks!

R-


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Quaerite Primum Regnum

"There's a fine line between genius and insanity. I have erased this line."
~ Oscar Levant ~

Twitter: @rossb

Generally this test applies for marks within the same product or service class, however there are exceptions.  Trademark dilution can occur even amongst different classes if a trademark has achieved "famous" status.   I recommend you work with a trademark attorney to advise you on the specifics of your situation.

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Pepper Law Group, LLC
21 E. High Street, Suite D
Somerville, NJ 08876
informationlaw.com
Now available on DVD!
The Legal Considerations of Starting an Online Business

If the industries are completely different then it should not be a problem.  (nobody looking at Delta Faucets in The Home Depot thinks they are supporting their friendly neighborhood airline)

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Leslie
Founder and President
Charmed Life Products LLC
Grill Charms™… The MUST HAVE grilling accessory that is revolutionizing the American Cook-out AND The perfect gift for any occasion!
Grill Charms
                                                                                                    

Leslie,

This is not always the case, especially in the case of trademark dilution.  Trademark dilution is a federal law forbidding the use of a famous trademark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of another`s trademark on products that do not compete with, and have little connection with, those of the trademark owner. For example, a famous trademark used by one company to refer to cameras, might be diluted if another company began using a similar mark to refer to pencils.

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Pepper Law Group, LLC
21 E. High Street, Suite D
Somerville, NJ 08876
informationlaw.com
Now available on DVD!
The Legal Considerations of Starting an Online Business

True true, I just didn`t want Ross to be discouraged by the use of a similar tag line registered by a company in a completely different industry.  CERTAINLY look to your Trademark attny. for answers, but don`t abandon ship until you know for sure, as it is a very real possibility you will be fine. (as long as your tag line isn`t "Technical Illustration... you can do it, we can help!"  Sorry for the confusion :)  PepperLegal would know

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Leslie
Founder and President
Charmed Life Products LLC
Grill Charms™… The MUST HAVE grilling accessory that is revolutionizing the American Cook-out AND The perfect gift for any occasion!
Grill Charms
                                                                                                    

Thanks to both of you!  I`m definitely not discouraged, the short answer is really "better safe than sorry!"

We`re not really so interested in this particular tag that we`re going to spend money to research it.  It was just something we came with on a whim for an ad placement.  Think I`ll just keep the general idea and see if it can`t be written differently!

Thanks again!

R-


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Quaerite Primum Regnum

"There's a fine line between genius and insanity. I have erased this line."
~ Oscar Levant ~

Twitter: @rossb

you can be in different industries and still infringe.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com