Chicago, IL asked in Trademark for Illinois

Q: If a word is trademarked as a singular item, say "rain" is it considered infringement to use multiples such as "rainss"?

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Fritz-Howard Raymond Clapp
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Answered
  • Trademarks Lawyer
  • Beverly Hills, CA

A: Yes. If a text component of a registered mark is in the singular form, it is infringed by use of the plural. The issue is whether the mark is "confusingly similar" to another mark, and mere pluralization of a text component in a mark is considered too similar for registration.

"While each trademark must always be evaluated individually, pluralization commonly does not alter the meaning of a mark." In re Cordua Rests., Inc., 823 F.3d 594, 603, 118 USPQ2d 1632, 1637 (Fed. Cir. 2016).

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