Intellectual Property Law

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I did a trademark search and found the same words just

So I did a...

So I did a trademark search and found the same words just organization differently

Lawyer's Assistant: Is the trademark federally registered?

Yes and active

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

No

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

It is in a differnt class as well

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Answered in 1 minute by:
3/22/2018
DamienJD
DamienJD, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 5,430
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Ha

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What are the two types of businesses?

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Customer reply replied 4 months ago
the active trademark is a piece of software for organs donors serial number 86514616
we are a cloud consulting company for cloud adoption
Customer reply replied 4 months ago
not available for a call now...

That's okay.

The first one sounds like a product. The second one (yours) sounds like a service. Is that basically, correct?

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Customer reply replied 4 months ago
I have review the class and I think we fall best into class 705
Customer reply replied 4 months ago
but there is no clear class for us that I can find...

Actually, the first one is a service also.

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Customer reply replied 4 months ago
hmmm. so if both are service, but different services what are options...
their service is more a software as a service and ours to a true consulting service... does that make a difference?

First, let me tell you, there is no way to tell what the PTO will find upon a filing because the criteria overlaps and also there are some marks that are not even in its database yet.

In any event, having a different class helps. Yet, the PTO will sometimes say that the class is wrong and it should be in another class. Having a description of the service that is different could help.

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Customer reply replied 4 months ago
ok good to know... what other differences should I be looking at?
Customer reply replied 4 months ago
I do understand that certain filing are no visible on TESS
Customer reply replied 4 months ago
sorry for typos
Customer reply replied 4 months ago
can you do a quick call now? 15 minutes?

The service description would be better if more specific than consulting. Being more specific is better because it can narrow it down to trademark it.

The PTO will also look at the words although not all words are exclusive.

Generally, the law is to protect the consumer. So, the PTO will look to see if the consumer will think the same company owns the same marks.

You can still attempt to file for the mark, knowing the potential risks of being approved or not. Sometimes the PTO will just ask for minor changed to approve it.

We can chat on the phone if you want.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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If you still want to chat on the phone, you can request a call from your page. Otherwise, we can continue with Q&A here. Or if you have no further questions, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD
DamienJD, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 5,430
Experience: Attorney. Well versed, understanding, friendly
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DamienJD and 87 other Intellectual Property Law Specialists are ready to help you
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Customer reply replied 4 months ago
this is very helpful and will reach out again in the future once I have reworked my language. Thanks

You are very welcome!

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