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Alex Reese
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Category: Intellectual Property Law
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I am looking to trademark the name "wrun" for IC 25. There

Resolved Question:

I am looking to trademark the name "wrun" for IC 25. There is another company using "run" for IC 25. Though the names are XXXXX XXXXX my "wrun" is pronounced the same as "run." In your opinion, would my registration be rejected by the trademark office?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 1 year ago.

Alex Reese :

hello

Alex Reese :

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).

Alex Reese :

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

Customer:

If there was a logo associated with it would that help?

Alex Reese :

yes it would

Alex Reese :

but that would require a new mark to be filed that includes the logo and text

Alex Reese :

i.e. the mark that is filed includes both text and logo

Customer:

Without the logo what is the probabilit of being rejected? What is probability with logo being rejected?

Customer:

Your opinion that is

Alex Reese :

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.

Customer:

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

Alex Reese :

what goods are your mark associated with?

Alex Reese :

if the goods are different then it's not an issue....but the more similar the goods, the greater the conflict

Customer:

apparel, footwear, online services

Alex Reese :

your chances of an intial rejection are probably more than 50% though

Alex Reese :

your best bet is to associate some logo or graphics that distinguish you mark, or even a special font may be enough

Alex Reese :

something other than the plain text of the word

Customer:

Ouch ok

Customer:

I'll see what I can do. Thx thats all I need.

Alex Reese :

sure best of luck!

Alex Reese :

please rate my respond so i get credit, thanks!

Alex Reese, Lawyer
Satisfied Customers: 3067
Experience: Experienced in intellectual property law
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Alex Reese
Alex Reese
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Experienced in intellectual property law