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Wilton A. Person
Wilton A. Person, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 4147
Experience:  MBA, Experienced and Knowledgeable in Intellectual Property Law
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Im looking for a trademark attorney who can answer a question

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I'm looking for a trademark attorney who can answer a question for us about our product name which is similar to something that is already registered. However, the other product has an action which reads. NON-FINAL ACTION - MAILED
Thank you for your inquiry. My name isXXXXX It is my goal to provide you with accurate legal information with respect to your trademark question.

What is your specific question?
Customer: replied 3 years ago.

Here is the info we found on a competitor.



http://www.trademarkia.com/santacam-santa--elf-spycam-85874523.html



Can we legally register and gain the rights to "Santa Cam FX"?



We also have a mobile application.

Thank you for your response. Do you know why the trademark registration was refused?

Has the competing business shut down or are you trying to gain the rights for some type of competitive advantage?
Customer: replied 3 years ago.
I don't know why it was refused. We have two companies (the one listed) and now another competing with us. Hence we want to protect our brand and name.
The uspto website states that the name was refused because it was too descriptive and the company chose not to respond to the office response.

Descriptive names are XXXXX XXXXX federal trademark protection. The shortened version that you mention may have a better chance of registration because it is more suggestive but the name may not be protected as a trademark and if it is, it serves as a very good product name because it is descriptive but not necessarily a strong trademark.

However, simply because the company did not gain federal trademark registration would not necessarily green light your company to file a registration and gain ownership rights of a similar name if the company is still selling and using the application. You may potentially expose your company to some type of unfair business practices claim by using a similar name so you may wish to balance the risks and benefits.

However, you can certainly protect your name and trademark through the use of a trademark registration.

A side point is that this website is not confidential so you may wish to lock this question after your have issued a rating.
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