Factors Considered for Trademark Infringement

Posted by Michael Shimokaji | Apr 29, 2014 | 0 Comments

Question: If someone has a trademark for a series of words and it says this is what the use is……Goods and Services :clothing t shirts,

It also says for sweatshirts, baby clothes, pajamas and we want to use the same exact words on a food item package is this OK to do?

Answer: If your trademark and the other trademark were the only two trademarks in the world, and you used your trademark only for food and the other used its trademark only for clothing, then there would be a good chance that there is no “conflict” between the two trademarks.

However, whether you can freely use your trademark in view of the other person's trademark depends on whether the use of your mark would create a likelihood of confusion. This is answered by looking at many factors, not just whether the goods/services are the same.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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