Intellectual Property Law

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How is a word plural or singularity effect trademark treat…

Customer Question
How is a word...

How is a word plural or singularity effect trademark treat such as Improvement or Improvements since I can offer singular and multiple services?

Lawyer's Assistant: Is the trademark federally registered?

I working to file one and change business name. I been operating as First, REALTORS® with a house / home logo. I am authorized to use REALTORS but now NAR wants me to drop the name from my Ark Real Estate Commission . So I want to have a trademark for First (home(s) ) understood by logo and by written mark.

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

No, they are all to important to call local clients back. Its bizarre, I am located in Rogers, Arkansas website is www.firstrealtors.com and I was informed I can use but NAR wants Realtors dropped from state licensed name. Except I have register for 7 years and there are 84 other firms using REALTOR in their state firm name which establishes the legal brokerage firm.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I may fight NAR if I do not initially get the name First as my real estate company because previously Arkansas wanted a real estate service connection name like realty Realtor, real estate and it was their guidelines. Plus, NAR accepted my membership for 7 plus years as First REALTORS as my name is ***** ***** database. So I feel by acceptance they have abandoned their trademark right to "not incorporate it as a firm name".

Submitted: 8 months ago.Category: Intellectual Property Law
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Customer reply replied 8 months ago
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9/23/2017
IP Lawyer: socrateaser, Lawyer replied 8 months ago
socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 39,905
Experience: Retired
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Hello,

I am both an intellectual property lawyer and a licensed real estate broker and Realtor®.

A trademark is defined by its registration. So, if you register a trademark as singular, then that's your trademark -- not the plural. However, federal law permits a trademark owner to commence civil action for damages and injunction where a similar mark would cause confusion to the ordinary consumer. So, registration of the singular would protect against competing use of the plural. Example:

If you used an animated character by the name of, "Mickey Mouses", in some commercial application, it would be about 24 hours before Disney, Inc. would send you a cease and desist notice, and probably demand damages. The problem in your circumstance is that your trademark is not quite as distinctive or famous -- so, your claim of confusion would be weaker.

The best option, in my opinion, is to choose a trademark that is extremely distinctive, so that no one can possibly confuse your mark with someone else's mark. At which point, no one will try to use any suffix against your mark to attempt to trade on your business' good will. But, if you choose to use the name "First Home" Real Estate, I believe that the singular is a better choice, because "First Homes" seems a bit grammatically strained (to me).

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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IP Lawyer: socrateaser, Lawyer replied 8 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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IP Lawyer: socrateaser, Lawyer replied 8 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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