likely of confusion

JSterner

New Member
Jurisdiction
Pennsylvania
If I have a registered TM with two seperate words and the first word is the more prominent word within my TM, and someone else began using a two word brand (same first word as mine) different second word... And they are the same products and services as us.

Is the difficulty to prove likely of confusion increased because of the different secondary word? or Do I even have a leg to stand on?
 
If I have a registered TM with two seperate words and the first word is the more prominent word within my TM, and someone else began using a two word brand (same first word as mine) different second word... And they are the same products and services as us.

Is the difficulty to prove likely of confusion increased because of the different secondary word? or Do I even have a leg to stand on?

If your product was PORK FAT, and the other party called hers PORK GREASE, no problem.
If you believe your TM is being violated, you send notice, asking the offender to cease and desist.

That said, if one were RED GREEN and the other RED YELLOW, I don't immediately see the conflict.
 
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