Q: Would a book about holistic pet recipes, be an infringement on a trademark of "An holistic approach to pet food; TM"?
Serial Number 77220947, Registration Number 3433513. Artemis pet food co. Inc, Carson, CA.
A:
When evaluating whether a book titled "Holistic Pet Recipes" would infringe on the trademark "An Holistic Approach to Pet Food; TM," several factors must be considered. Trademark infringement generally occurs when a new product or service creates a likelihood of confusion among consumers about the source or sponsorship of the goods or services. This confusion can stem from similarities in the name, logo, or other branding elements.
The title of your book, "Holistic Pet Recipes," shares the word "holistic" with the trademark in question. However, the overall context and specific wording differ significantly. Trademarks are often specific to their wording and graphic elements. In this case, "An Holistic Approach to Pet Food" and "Holistic Pet Recipes" convey different overall impressions.
Moreover, the scope of the trademark protection is a critical factor. If the trademark is specifically for a type of pet food or a method of producing pet food, a book about recipes may not fall within the same category of goods. This distinction in categories can reduce the likelihood of confusion, which is a key element of trademark infringement.
It's important to note that trademark law can be complex. It would be wise to consult with a legal professional who has expertise in intellectual property law. They can provide a more detailed analysis tailored to the specifics of your case and the jurisdiction involved. Remember, an informed decision can help mitigate potential legal risks and uncertainties.
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