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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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Hello, If I want to trademark a name, for example, "Genius

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Hello,

If I want to trademark a name, for example, "Genius Gourmet" (that's not the real name), is it wise/necessary to also trademark "The Genius Gourmet" so that no one can add the word "The" and hijack my name? Or will the trademark office not grant a trademark based on whether the word "The" is there? Finally, should I instead apply for the trademark, "The Genius Gourmet" (with "The") to prevent anyone else from trademarking "Genius Gourmet" without the "The". I just don't want to have to apply for 2 trademarks if not necessary to do so.

Thank you very much!
Adding or not adding the article, "the" to your trademark application would not make a difference because a trademark is viewed based upon the overall impression of the trademark. A second applicant who added or does not add "the" would not be granted a trademark if your trademark has already been registered.
Customer: replied 3 years ago.

Thank you very much. So, would you advise the client to trademark it with the "The" or not?

You are very welcome. To clarify, I am unable to provide legal advice in this medium to a non-client. From a legal perspective, it really does make a difference so it is your decision.

Customer: replied 3 years ago.

Ok, I understand. You mean it does NOT make a difference, right?


 


Does the same rule apply if I want to trademark for example "Manmouse" (made up name) -- I don't need to trademark "manmouse" AND "man mouse" (with a space) -- or does that not matter.


 


I promise, that's my last follow up. :) Thanks!

Excellent. Correct.

Yes, it is the same concept.
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