On Sat, 23 Apr 2005 20:11:54 -0400, "nake" <narulraj@yahoo.com> wrote:
IF a company has the phrase 'kid signs' trademarked, can someone else
use the phrase 'kid sign' or 'kid signing'. Or would this be considered
not appropraiate because it may confuse the consumer?
You're not going to like this answer: it depends.
Depends on what? On what goods or services the other trademark is
applied to; how long it has been in use; how similar your goods or
services are; whether other similar goods or services are already
being identified by similar trademarks; how similar the other goods or
services are; how similar the other trademarks are; how sophisticated
the buyers are; how familiar they are with the "kid signs" mark; how
much care they are likely to exercise in reading advertisements and
making purchases; and whether there is a history of actual confusion
between "kid signs" and similar marks. Among other things.
Trademark confusion is extremely fact-specific. There aren't enough
specifics in your question to support even a wild guess at an answer.
At this point I don't think we even know what trademark you're
thinking about, since "kid signs" is not a USPTO registered trademark,
and the first couple of pages of Google results on that phrase do not
reveal anything that appears to be used as a trademark.
If you post more detailed information about what you're proposing to
do, and what your concerns are, I can try to provide more specific
information. Alternatively, if you have concerns about posting
detailed information publicly, you should consult with an attorney
experienced in trademark law. You will have to do that in any case to
get legal advice, as distinguished from an explanation of how certain
legal principles would apply to situations similar to yours.
My email address is LLM041103 at earthlink dot net.
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