Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
there is a good chance that the PTO will cite this prior TM against your application, but that doesn't mean that you can't respond with counter arguments and have a chance at being successful (and really it should be a TM attorney handling that).
because the names are XXXXX XXXXX and are in the same class, it is a potential conflict. It would help if your name had some additional distinguishing characters
If there was a logo associated with it would that help?
yes it would
but that would require a new mark to be filed that includes the logo and text
i.e. the mark that is filed includes both text and logo
Without the logo what is the probabilit of being rejected? What is probability with logo being rejected?
Your opinion that is
I can't quantify it, that's just not possible, the Examiner may have other marks they believe conflict as well, and it also depends on how exactly the marks are being used. It is common to get initial rejections, some of which are successfully argued. There can be a lot of back and forth, so it's often not a simple yes or no from the PTO.
I noticed there are two registrations for 'run' in category 25. One is for apparel another is for footwear (by skechers) they both have logos though associated with them
what goods are your mark associated with?
if the goods are different then it's not an issue....but the more similar the goods, the greater the conflict
apparel, footwear, online services
your chances of an intial rejection are probably more than 50% though
your best bet is to associate some logo or graphics that distinguish you mark, or even a special font may be enough
something other than the plain text of the word
I'll see what I can do. Thx thats all I need.
sure best of luck!
please rate my respond so i get credit, thanks!