Legal Question in Intellectual Property in Maryland
Trademark similarity
My question refers to trademarks with specific references to words that
are similar.
If an established larger clothing company has a trade name such as ''blue
sky'' for their clothing and a smaller firm wants to file for a trademark
such as ''blueskyplumbing'' for their work as plumbers, is that similarity
considered too close and likely to confuse and thus be denied or
challenged?
2 Answers from Attorneys
Re: Trademark similarity
Probably not.
Re: Trademark similarity
On your hypothetical, the basic answer is No. However, there are two issues that could bear on your actual situation:
1. If the unrelated use is a logical extension of the TM owner's existing use, then particularly in the context of an opposition proceeding the USPTO may deny registration. In this age of merchandising, apparel classes (especially ball caps and T-shirts) are logical extensions of darned near anything else.
2. There are broader protections for famous and well-known trademarks, although the courts and USPTO have not given full effect to the statute in this area. The legislative history specifically mentions the goal of prohibiting "Buick aspirin" -- i.e., if the brand is famous enough, then the owner can prohibit all other uses in all other classes.
Best wishes,
LDWG
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