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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 111605
Experience:  Attorney practicing all aspects of copyright/trademark law
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I would like to file a trademark application for "Fierce

Customer Question

Hi,
I would like to file a trademark application for "Fierce Wellness" for conducting classes, seminars, conferences and workshops in the field of health and wellness.
My questions are:
1) Someone has "Fierce Conversations" trademarked for the same type of services. Will the USTPO allow me to trademark Fierce Wellness?
2) Am I violating the trademark of Fierce Conversations by using Fierce Wellness?
3) I would also like to write a book with that title. My understanding is that I cannot trademark the title of a single book - only if it is part of a series. But if I have Fierce Wellness trademarked for seminars, etc. - but the book title is not officially trademarked - does that mean someone can come along and write a book by the same title?
Thanks,
Kris
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The key to whether or not you would be infringing on the first mark, Fierce Conversations, would be whether or not your mark is playing off of the goodwill of the first mark and also whether there is a likelihood of confusion between your mark and their mark.
Arguably, the answer is yes, there would be confusion, since the terms are similar enough to make the general consumer think that they are from the same entity. So, by using the mark that is similar to Fierce Conversations, the USPTO is likely going to find there is likelihood of confusion since you are in the same category for same service with your mark.
You can use the title in a book, since you are not trademarking it, but the USPTO is likely going to call your use too similar for granting a trademark for your program under this name.