Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
a search fo the PTO database for trademarks did not include any results for "point fitness"....but there was a "north point fitness" and "fitness point" registered
although "fitness point" is inactive....there is a "red point fitness"...but that's it, so only 2 active TMs with "point fitness" in the name
if the link works for you, you can click on the link for each of them to get more info
Does that mean it is too similar? Do not want to run into a trademark issue.
well, the examiner will decide whether it is too similar, and then you can debate it
I would guess that the examiner would cite these two against your application
So that means the examiner would probably not allow us to trademark it?
you could increase your chances by incorporating a special font/style with the name, or including a logo/graphic
Also if a trademark is inactive, that doesn't matter, correct?
also it depends on how close your business is to them....for example "red point fitness" is for educational, web-based services, so you could argue they are in a different calss of services/goods
inactive = dead = its up for grabs
Ok, I kind of want to be sure because it is 1K to purchase www.pointfitness.com. Don't want the site unless I can trademark name.
Also, this chat is confidential correct? If we do go with point fitness, I don't want this to pop up. Thank you!
I think you can request it to be confidential but normally they are not exaclty because other members can access past answers....but I don't think they are available to the general public
Ok thank you. I would like to request this to be confidential.
you have to look at your business vs. what north point does and see if you can distinguish yourself. This will not a cut and dry issue, there are several variable so no matter what you are taking chances
ok thank you so much for your help
thanks....and remember that you can increase your chances by limiting your mark to a particular font/style of charcters and/or include some distinctive graphic/logo