Q: can this trademark be used in another application?
We manufacture diamond cutting tools and would like to use the term xtreme cut in our branding for a product line.
a quick search shows the term as abandoned by a tool cutting fluid manufacturer. But a search for them shows the current use of the term on their products.
A:
In the realm of trademarks, the status "abandoned" can often be misleading. If a term is marked as abandoned, it means that at some point, the official registration process was not completed or maintained. However, this does not necessarily mean that the term is free for use by others, especially in the same or a similar industry.
You mentioned that the company previously associated with the term "Xtreme Cut" still uses it on their products. This is crucial because in trademark law, actual use in commerce can carry significant weight. If the term is being actively used, the company may have rights to it under common law, which could lead to legal challenges if you decide to use it for your diamond cutting tools.
Before proceeding with the use of "Xtreme Cut" for your product line, it would be wise to consult with a legal professional. They can provide a detailed analysis, considering the current usage by the other company and your intended use. They can also help navigate potential legal risks and suggest the best course of action to protect your interests while avoiding infringement.
Sean Goodwin and Alan Harrison agree with this answer
A:
You've already done the first things that I would do about this.
The next questions I would ask are what is the proposed product line and would that product line be a natural expansion for the cutting fluid manufacturer?
Don't try to answer those questions in this public forum.
I'm available for consultation. Contact me to learn my rate.
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