Q: Can I sell Generic Dressing Wristbands, like "Ketchup" even if there is a Silicone Culinary id bands registered w/ USPTO
USPTO has a registered Mark for a similar product. But mine is a "Wristband" with Generic Dressing and or Spices words on them depending on what the buyer wants. Is there anything wrong here? Just making sure everything runs smoothly with this idea.??
A:
The trademark registration to which you refer is for a design mark (an incomplete circle containing the wording "CULINARY ID BANDS" superimposed on a seasoning dredge, a squeeze bottle, and a juice bottle) used on silicone rubber identification bands for culinary use. The mark identifies the source of the goods (the company), not the products themselves.
Therefore, a similar product that does not bear the registered design mark is not infringing.
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