Q: Can I get sued for trademark infringement
I sell a product called "Creatine Monohydrate Gummies" and there is a trademark for "Creatine Gummies" which is a against the lanham act because It describing a general ingredient which I disputed for cancelation But, Im wondering un till the case gets settled can I get in trouble or get sued that I sell Creatine Monohydrate Gummies and the trade mark is "Creatine Gummies"?
A:
CREATINE GUMMIES is registered for dietary and nutritional services, but only on the Supplemental Register and not the Principal Register, because -- as you properly note -- it is merely descriptive of the goods. Consequently, it has lesser protection.
Your mark CREATINE MONOHYDRATE GUMMIES is also merely descriptive and does not identify the source of the goods.
Continuing to sell the product while the cancellation is pending does not increase your risk of being held liable for infringement damages. Nevertheless, it would be to your advantage to adopt and use a more distinctive trademark for your product, even if it contains the descriptive elements. For instance, "DANNY'S CREATINE MONOHYDRATE GUMMIES".
Marcos Garciaacosta agrees with this answer
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A: Very likely. You should always consider brands that are unrelated to the product or its ingredients.
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A: It is possible that you could be sued for trademark infringement by the owner of the "Creatine Gummies" trademark, especially if your use of "Creatine Monohydrate Gummies" is found to be confusingly similar or likely to cause consumer confusion with the other product. However, the outcome would depend on various factors, including the strength of the other trademark, the similarity of the products and packaging, and the market overlap between the products. It is recommended that you consult with a trademark attorney to assess the risks and potential defenses in your specific situation.
Marcos Garciaacosta agrees with this answer
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