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Jane Doe Deer
Jane Doe Deer, Attorney
Category: Business Law
Satisfied Customers: 3896
Experience:  Atty since 1986. Real estate, tax, and other business law questions
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Hello, I paid a lot of money to do a ...

Customer Question

Hello, I paid a lot of money to do a trademark search and I received the results today. The problem is I can''t interpt the results. I have a product I use manufacture for equines and I was told that as long as the product is not used for the same purpose another persons trademarked product is used for, I can have the trademark for my product. I use my product on equines and someone else uses it (trademark name) for babies. Do you think I can trademark my product name safely?
Submitted: 8 years ago.
Category: Business Law
Expert:  Jane Doe Deer replied 8 years ago.


You should be contacting the attorney who did the search and requst the interpretation from him or her. It's not possible to adequately respond to your question based on the little bit of information you provided.


Customer: replied 8 years ago.
I have a simple question....can two companies trademark the same phrase name if they are used on different species? Example: "wound salve" One company uses the trademark name for babies and one company uses it for dogs????
Expert:  Jane Doe Deer replied 8 years ago.

The question is whether or not it could create confusion in the mind of the consumer. I think you can trademark yours and see if the other company challenges you. They may, but "would salve" is pretty generic (as opposed to say, "Drink Coca-Cola".

I am not a trademark/intellectual property expert. Do you have something in writing from LegalZoom with their attorney's opinion? If so, you can rely on that.

The thing is, no attorney can ever promise that no one will sue you. Anyone can sue anyone else for anything. The question is whether they'd win, and no one has a crystal ball.

But if LegalZoom gave you a written opinion that you're on safe ground, you can rely on that to move to the next step.

There are attorneys and law firms all across the country that specialize in intellectual property law. There is also some helpful information available on the internet if you just do a google search.

I hope that helps. Thanks, Merry

Customer: replied 8 years ago.
Reply to Merry A. Kogut's Post: Hi,
I was under the impression that my question would be fowarded and answered by a trademark attorney??? I appreciate your imput but wouldn't it be more appropriate for a trademark attorney to address my question?
Expert:  Jane Doe Deer replied 8 years ago.

I'll try to find you someone right away.


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