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	<title>Comments on: Anyone experienced potential legal action against you for your business name due to trademark infringement?</title>
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	<link>http://www.attorneyfire.com/index.php/archives/anyone-experienced-potential-legal-action-against-you-for-your-business-name-due-to-trademark-infringement</link>
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		<title>By: TM Express™</title>
		<link>http://www.attorneyfire.com/index.php/archives/anyone-experienced-potential-legal-action-against-you-for-your-business-name-due-to-trademark-infringement/comment-page-1#comment-100</link>
		<dc:creator>TM Express™</dc:creator>
		<pubDate>Fri, 16 Nov 2007 14:30:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.attorneyfire.com/index.php/archives/anyone-experienced-potential-legal-action-against-you-for-your-business-name-due-to-trademark-infringement#comment-100</guid>
		<description>&lt;a href=&quot;&quot;&gt;&lt;/a&gt;


Contact a trademark attorney. You&#039;ve got a specific legal situation that needs specific legal advice.

Determining if marks infringe can be tricky and each situation varies from another.

The general rules to keep in mind are:

1) Are the names similar in Sound, Appearance or Meaning?

2) Are the industries the same or similar to one another?

3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?

4) Do the trade areas cross? What about the advertising routes -- are the products/services advertised in common places?

Here&#039;s what the USPTO has to say about this matter:

&quot;The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:

the similarity of the marks; and 
the commercial relationship between the goods and/or services listed in the application. 

To find a conflict, the marks do not have to be identical, and the goods and/or services do not have to be the same. It may be enough that the marks are similar and the goods and/or services related.&quot;

It&#039;s best to contact a private search company or a trademark attorney to assist you in determining if this will be a problem or not.

Hope that helps! I wish you much success &amp; happiness in all your ventures!</description>
		<content:encoded><![CDATA[<p><a href=""></a></p>
<p>Contact a trademark attorney. You&#8217;ve got a specific legal situation that needs specific legal advice.</p>
<p>Determining if marks infringe can be tricky and each situation varies from another.</p>
<p>The general rules to keep in mind are:</p>
<p>1) Are the names similar in Sound, Appearance or Meaning?</p>
<p>2) Are the industries the same or similar to one another?</p>
<p>3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?</p>
<p>4) Do the trade areas cross? What about the advertising routes &#8212; are the products/services advertised in common places?</p>
<p>Here&#8217;s what the USPTO has to say about this matter:</p>
<p>&#8220;The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:</p>
<p>the similarity of the marks; and<br />
the commercial relationship between the goods and/or services listed in the application. </p>
<p>To find a conflict, the marks do not have to be identical, and the goods and/or services do not have to be the same. It may be enough that the marks are similar and the goods and/or services related.&#8221;</p>
<p>It&#8217;s best to contact a private search company or a trademark attorney to assist you in determining if this will be a problem or not.</p>
<p>Hope that helps! I wish you much success &#038; happiness in all your ventures!</p>
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		<title>By: fairbetsy</title>
		<link>http://www.attorneyfire.com/index.php/archives/anyone-experienced-potential-legal-action-against-you-for-your-business-name-due-to-trademark-infringement/comment-page-1#comment-99</link>
		<dc:creator>fairbetsy</dc:creator>
		<pubDate>Tue, 13 Nov 2007 18:41:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.attorneyfire.com/index.php/archives/anyone-experienced-potential-legal-action-against-you-for-your-business-name-due-to-trademark-infringement#comment-99</guid>
		<description>&lt;a href=&quot;&quot;&gt;&lt;/a&gt;


My friends band was sued by a major corporation because the name was similar and the band was around LONGER!!
Big companies have very deep pockets so if you are in their radar you may be out of luck.</description>
		<content:encoded><![CDATA[<p><a href=""></a></p>
<p>My friends band was sued by a major corporation because the name was similar and the band was around LONGER!!<br />
Big companies have very deep pockets so if you are in their radar you may be out of luck.</p>
]]></content:encoded>
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	<item>
		<title>By: pbireton</title>
		<link>http://www.attorneyfire.com/index.php/archives/anyone-experienced-potential-legal-action-against-you-for-your-business-name-due-to-trademark-infringement/comment-page-1#comment-98</link>
		<dc:creator>pbireton</dc:creator>
		<pubDate>Sun, 11 Nov 2007 08:05:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.attorneyfire.com/index.php/archives/anyone-experienced-potential-legal-action-against-you-for-your-business-name-due-to-trademark-infringement#comment-98</guid>
		<description>&lt;a href=&quot;&quot;&gt;&lt;/a&gt;


Get an attorney.  Don&#039;t rely on anyone on Yahoo giving you advice for such a legal matter.  Make sure that the attorney specializes in matters such as this.</description>
		<content:encoded><![CDATA[<p><a href=""></a></p>
<p>Get an attorney.  Don&#8217;t rely on anyone on Yahoo giving you advice for such a legal matter.  Make sure that the attorney specializes in matters such as this.</p>
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