Intellectual Property Law

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Is naming my company Putting Everything in Place to similar…

Is naming my company Putting...
Is naming my company Putting Everything in Place to similar to the trademark name "Everything in its Place"
Both Companies are in the exact same business
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Answered in 6 minutes by:
1/3/2012
Law Educator, Esq.
Category: Intellectual Property Law
Satisfied Customers: 126,713
Experience: Attorney practicing all aspects of copyright/trademark law
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The first thing one must understand about trademark law is that there are no bright line black and white answers. The trademark law (Landham Act) uses the subjective examination of "likelihood of confusion" with the other mark. The fact is that you also may argue that the use of Putting Everything in Place is actually merely descriptive of the service you are offering and thus not even capable of being trademarked without developing some secondary meaning directly related to your company. It certainly is not overly likely to create confusion and you have the secondary argument that your name is XXXXX XXXXX the service that you provide and thus not a violation of any trademark law.


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Law Educator, Esq.
Category: Intellectual Property Law
Satisfied Customers: 126,713
Experience: Attorney practicing all aspects of copyright/trademark law
Verified
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