Naugatuck, CT asked in Trademark for Connecticut

Q: Is there any chance of of trade marking "plant smarts" when a trade mark already exists for "plant-smart"

Looking for trademark help.

Related Topics:
3 Lawyer Answers
Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: The ability to register a trademark depends on many factors including whether the mark is merely descriptive, whether there will be a likelihood of confusion between the mark and another registered mark, particularly when the marks are in identical or related class/categories of goods or services, etc.

1 user found this answer helpful

William Scott Goldman
William Scott Goldman
Answered
  • Trademarks Lawyer
  • Washington, DC

A: While the inclusion of design elements may help distinguish your mark, there still could be a likelihood of confusion and potentially a merely descriptive refusal. So you'll also need to consider the relative strength of the mark based on the goods/services being identified and whether any disclaimers have been entered for the mark in question. Commonality is another important consideration. And perhaps most relevant of all would be comparing your goods/services to those of the mark in question. If you're unfamiliar with this type of legal analysis, it's probably best to hire an experienced trademark lawyer. So please call or email if you have any further questions.

John B. Hudak
John B. Hudak
PREMIUM
Answered
  • Trademarks Lawyer
  • Milford, CT
  • Licensed in Connecticut

A: There is a chance to obtain a federal trademark registration on a mark that is already similar to another. Determining that chance relates to: the similarity of the goods/services that are indicated by the mark; elements related to the strength of the mark (status as descriptive or generic); and other factors.

Think of a sink faucet brand, airline, dental insurance – all use delta as part of their name – and they are able to coexist. The answer to your question would need a full legal analysis to know for sure. Hiring a lawyer may be prudent to prevent the loss of time and money.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring an attorney to analyze the specific facts to your situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.