Q: Trademarking a name for my CLOTHING COMPANY, however a local BEER COMPANY the name TM'ed for a SINGULAR BEER?
I have done some research and cant figure it out!
So, I started this clothing company named after my areas ZIP Code. People love the area and enjoy local goods. Here is my situation:
Each county in New Jersey has a specific ZIP code and the towns within it also have a specific suffix to that code. (Pretend all the towns in my county start with [173 - -] zip code) for example (made up names) "Riverton" has the zip code 17301, and "Phillipstown" has the zip 17304, and "Hooversville" has the zip 17355, and so on, as they are all in the same county.
I thought of the idea to come up with a clothing brand called "173XX Clothing Co"... People love the idea and love the shirts. However, there is a local brewing company about 30 minutes away, and they are a well known brewing company in the area. They make a bunch of beers, and one of their beers is named "173XX"... Issue?
Consider a consultation with a trademark attorney. There are specific issues related to trademarks when the geographic origin is part of the trademark.
Generally, trademark infringement is found when there is likelihood of confusion related to: (1) the similarity of the marks; and (2) similarity of the goods or services associated with the mark.
This answer includes generalizations. There are many caveats. This answer does not form an attorney client relationship.
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