West Linn, OR asked in Trademark for Oregon

Q: If I want to sell a massager online and the name I want to trademark for it is already registered for a spa service,

would I probably get denied even though one is a good and one is a service?

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2 Lawyer Answers
Greg Freeze
Greg Freeze
  • Port Townsend, WA
  • Licensed in Oregon

A: Yes, a trademark would be denied if it is used in the same industry segment. How wide one defines segment is a bit of an art itself, but the trademarked phrase (that's a pun) is "likelihood of confusion." To me, massage and spa are just too close.

If the trademark of the "competitor" is registered, the penalty threat for infringement comes from the Lanham Act, where it wields treble (triple) damages.

Disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta

A: As indicated by colleague, yes most likely you will be denied.

Engage with an attorney that can help you to investigate all options, so you reduce your risks of refusal.

Make an appointment and get a consultation.

Best luck!

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