Surprise, AZ asked in Trademark for Arizona

Q: If full send is trademarked, how would we go about getting full send AZ trademarked?

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2 Lawyer Answers
Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: The USPTO handles federal trademark registration. However if this other trademark is registered, adding just a few letters to the name name may not be enough to overcome a likelihood of confusion refusal particularly if the marks are used in the same or related class/categories. Consult with a trademark attorney for assistance.

Kathryn Perales agrees with this answer

Michael Gerity
Michael Gerity
Answered
  • Trademarks Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: It's not clear from your question if you are referring to nationally registered trademarks, or filings in Arizona. This makes some difference to the issue. However, in general, you need to understand that a trademark provides protection to a word, phrase, logo, etc, ONLY as it relates to a particular type of goods and/or services. So, two trademarks that are virtually identical can co-exist so long as the underlying products and/or services offered with the marks are completely unrelated. For example, Delta Airlines and Delta Faucets both use the "Delta" mark, but because the products and services that they offer are completely unrelated, there is no likelihood of confusion with the customer. Likelihood of confusion is the legal standard that we have to apply.

In light of the above, it's impossible to know if your desired use of "full send AZ" can be registered when "full send" is already registered without knowing what goods and services you intend to offer and what goods and services the other registrant already offers. If they are the same or similar goods and/or services, then you have a problem, because merely adding the abbreviation for your state does nothing to distinguish two marks from each other--in fact, the "AZ" would be basically ignored in the analysis. However, if the other organization is selling, say, shoes, and you are offering financial advice, then you are more likely to be able to register your similar mark. It all comes down to the likelihood of confusion analysis.

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