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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5045
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I'm interested to register the trademark "Bsearch" to be

Customer Question

Hi, I'm interested to register the trademark "Bsearch" to be used for www.Bsearch.com which will be a free to use business software search engine, however I can see a live servicemark "" https://trademarks.justia.com/867/40/b-86740761.html operated by this company http://www.brunnerworks.com/bsearch/ which is a search engine marketing consulting service. Would registering the trademark "Bsearch" potentially infringe on Brunnerworks servicemark? Thank you.
Submitted: 2 months ago.
Category: Australia Law
Expert:  Gerald-Esquire replied 2 months ago.

Hello,
Thank you for using Just Answer. Please bear with me as I verify somethings for you. I will respond fully shortly. Thank you for your patience

Customer: replied 2 months ago.
Thanks Gerald, looking forward to your answer.
Expert:  Gerald-Esquire replied 2 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I'm sorry to say that there is a very real potential for an infringement claim. from your description of the situation there are clearly two of three elements that indicate infringement.

Infringement occurs when there is an unauthorized use of a trademark or service mark (or a substantially similar mark) on competing or related goods and services. As you have indicated there is an existing mark that is already registered. The only question is whether the services that you provide are similar enough to the other company to create a level of confusion as to the source.

You have a better understanding than I do as to what you are providing and whether the other company could legitimately claim that part of their consulting services incorporates what you are doing.

While they would not have a slam dunk, the costs of defending these claims can be extensive. So if you have an alternative it may be better for you to explore that.

See this arrticle for more detailed information:

https://www.law.cornell.edu/wex/trademark_infringement

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Expert:  Gerald-Esquire replied 2 months ago.

Hello:

I just saw that you are asking about Australian law. I apologize I thought you were askin about US law.

I will opt out so that you can get a response from an Australian expert.

Good luck.

Kind regards,

Gerald

Expert:  Daniel replied 2 months ago.

Hello
It is arguable that you have a case, but to avoid significant litigation costs, it is well against you and could end up costing significant time / expense defending.

Trademarks / passing off laws are significant issues in today's legal system.

My advice, do not go ahead with it.

Expert:  Daniel replied 2 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 2 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 2 months ago.

Hello
I note I still have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 2 months ago.

Hello
I note I still have not received a response?
I wish to help you in this situation.