Irwin, PA asked in Trademark for Pennsylvania

Q: The word boy dad & girl dad is trademarked. Will I be infringing by using girl dad (space) or boy Dad? TRN 5397597

The owner of trademark sent me this: According to the USPTO, Girl Dad and #girldad infringe on our mark because they would be confused with Girldad. Consider this example, a gentleman applied for a mark using "girl dad" in February (serial number 88805589) and on May 12, 2020 received a document called: "Offc Action Outgoing". Among other things, this document stated: "Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 5192792. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the attached registration". All of the marks listed when you do a search for Girldad, #Girldad, and Girl Dad, have been denied in the same manner. This also applies to boydad.

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1 Lawyer Answer
Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: They are correct

You should consider an alternative trademark and consult with an attorney

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