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Roger
Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 31010
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I'm a chiropractor. I train chiropractors and doctors in

Customer Question

I'm a chiropractor. I train chiropractors and doctors in soft tissue techniques I've developed through seminars and DVDs. I have a series of techniques I want to call the FLOW techniques, or something similar. The word Flow seems to be trademarked by a beehive company. Also there was a book titled "Flow". Can I still use the term "flow technique"as a name- another option would be to call it P.N.T.Flow Techniques, which has not been used, I'm sure. Thank you
Submitted: 24 days ago.
Category: Intellectual Property Law
Customer: replied 24 days ago.
Also there are sub headings for the techniques- like muscle flow technique, spinal flow technique, etc.
Expert:  Roger replied 24 days ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 24 days ago.

Generally, single words or short phrases cannot be trademarked....but words with certain fonts, etc. can be. So, just because the word "flow" is being used by another company doesn't mean it has the exclusive use.

Expert:  Roger replied 24 days ago.

Instead, in order for you to have an issue would be if your mark's design would be confused for this other mark. Also, the standard would be whether you're dealing in the same market, going after the same customers, etc.....which doesn't seem to be the case.

Expert:  Roger replied 24 days ago.

Thus, as long as your mark will not create a likelihood of confusion with the existing one....and as long as you're not going after the same customers, you'd likely have no problems.

Customer: replied 24 days ago.
I would only be competing with other users of the word "flow' in the chiropractic profession? No competition there. And I don't care about design, just want to say "Flow." So it sounds like I'd be OK?
Expert:  Roger replied 24 days ago.

Yes, there's no exclusive right to use the word "flow" by any person or company. Thus, you should not have an issue with using the word as long as you're not using the exact mark (font, color, etc.) and as long as you're not seeking out the same customers.

Expert:  Roger replied 24 days ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Expert:  Roger replied 23 days ago.

Hi - just checking in. Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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