Q: A company has trademark that is "The [other word here]. Is it ok to use that other word by itself (without 'the')?
A: It depends on your intended use and the class(es) in which the other mark is registered. If there is no conflict with respect to the use (i.e. you are using the mark as an apparel company, and the other owner is using the mark as a landscape service, for example), then you are free to use and register the mark in your separate class. However, if the uses are the same, then the word "the" is not a protectable element of the mark and using the word without applying "the" would not protect your use. If you would like to discuss further feel free to email me at: Jason@altviewlawgroup.com
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