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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
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Experience:  Experienced in intellectual property law
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We are looking at names for our fitness studio and would like

Resolved Question:

We are looking at names for our fitness studio and would like a name we can ultimately trademark. Point Fitness is one on our short list but not sure if that can be trademarked. Can you please advise?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 1 year ago.

Alex Reese :

hello

Alex Reese :

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

Alex Reese :

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

Alex Reese :

if the link works for you, you can click on the link for each of them to get more info

Customer:

Does that mean it is too similar? Do not want to run into a trademark issue.

Alex Reese :

well, the examiner will decide whether it is too similar, and then you can debate it

Alex Reese :

I would guess that the examiner would cite these two against your application

Customer:

So that means the examiner would probably not allow us to trademark it?

Alex Reese :

you could increase your chances by incorporating a special font/style with the name, or including a logo/graphic

Customer:

Also if a trademark is inactive, that doesn't matter, correct?

Alex Reese :

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

Alex Reese :

inactive = dead = its up for grabs

Customer:

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.

Customer:

Also, this chat is confidential correct? If we do go with point fitness, I don't want this to pop up. Thank you!

Alex Reese :

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

Customer:

Ok thank you. I would like to request this to be confidential.

Alex Reese :

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

Customer:

ok thank you so much for your help

Alex Reese :

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

Alex Reese, Lawyer
Satisfied Customers: 3026
Experience: Experienced in intellectual property law
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Expert:  Alex Reese replied 1 year ago.
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