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I have a registered business name trademark
Posted by Anonymous . updated on 2/26/2009
I have a registered business name trademark but have been seeing a lot of companies with similar...yet not exact names. Enough that it has the potential to affect an online search.
I have three questions. For privacy sake...pretend my registered name is Bella Bambino Clothing.
1. Someone started a line called La Bella Bambino Clothing. Same service, same product. Does one word make a difference or do they have enough of a "confusingly similar" name to be in violation of my trademark?
2. What if someone starts a company called Belle Bambino Clothing (even though it doesn't make any sense since it's a combination of French AND Italian  ) and my registered mark is Bella Bambino Clothing. Is this similar enough to be a violation?
3. If I registered a name in say...Italian, do I also have the right to the English translation? For example, my pretend company is Bella Bambino Clothing..."clothing for your beautiful baby" and then someone starts a Beautiful Baby Clothing company line. Do I need to register TWO names...one in Italian (which has the English translation of Beautiful Baby on my certificate of registration) AND Beautiful Baby Clothing?
I really appreciate the help!
Answers (1)
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Criteri...
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I copy and paste this reply often...
Trademark (and Servicemark) infringement is determined on a "likelihood of confusion" basis. The issue at hand is whether relevant consumers would be likely to associate the goods or services of one party with those of another party as a result of trademark usage. A variety of factors may be examined when analyzing a trademark infringement issue, the most notable of which are: the similarity - visual and phonetical - of any marks at issue; and the commercial relationship between the goods or services described by any marks at issue.
To address question #3 - You probably want to register any name you plan on using - translations are besides the point. "clothing for your beautiful baby," however, in English, would be a weak mark in the US at best since it is rather "descriptive" if not downright generic. A trademark is used for the purpose of distinctively identifying a good or serivce. Logic follows that you can't call an apple an Apple and expect to be "distinctively" identifying the source or type of the apple.
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