Trade Marking A Compilation Product Name

[prjcms]

I have several "kits" I am going to market online. I wanted to call one kit "Name One" (not real name). "Name One" is common lingo in the type of business I am marketing the kit in.

There is a live TM for "Name One" only and the goods & services for it are the type of products that I want to sell. Additionally the TM states "kits" of this type of product.

Can I call it "Name One-Products 4 You" or something longer and be ok? Should I completely forget about & find another name?

I'm not trying to rip someone off, there is legitimate history of the specific language in the industry (that pertains specifically to my expertise), i.e. as is something like "the checkered flag" is to auto racing.

Thanks In Advance,
PJ

 

[Michael Wechsler]

This is a good question. If they have an existing trademark of two words alone I'd venture to say adding a third isn't going to change your ability to register a trademark for an item in the same industry. First, are you sure it's the words themselves and not a drawing with the words that is trademarked? Second, if there exists a "Checkered Flag Tires" company then it might be possible that "Checkered Flag Fuel" might not infringe. But you could encounter problems with "Checkered Flag Wheels" for obvious reasons. Without knowing the specifics, it's impossible to evaluate but it sounds like you're walking into some type of objection that you may need to litigate, right or wrong. That's something to consider as well.

 

[prjcms]

Dear Lawproffessor,

Thanks a bunch for your response. This site is awesome!

Sincerely,
PJ

 

[Michael Wechsler]

You're welcome. Best of luck and make sure we are offered a discount!