O/T need help -- trademark infringement

[Guest guest]

I don't know about Canadian law, but I did specifically study

intellectual property in US law. Trademarking is intended to reduce

consumer confusion as to the source or identity of the product. The

more unique the name, like a made up name such as Xerox, the more the

recognizability of the product. Generally common names cannot be

tradmarked, auch as Oranges... unless an alternate meaning has

developed... such as Apple Computers. Claude Montana did win a suit

against a small Montana knitting company regarding hand-made

sweaters... so there are bad cases out there.

 

Witch, being a common noun cannot by itself be trademarked. I have to

assume this company has more than just the witch in their name that

makes your name and products confusingly similar. If you both make the

same type of product, then there is a greater likelihood of confusion.

 

Even if you lose, IF you used your name before they used theirs, you

can probably keep your name within the region in which you previously

established a business presence.

 

In order to answer the question accurately, we would need to know the

other company's exact name and product and the same for you. Some

general questions can be answered at the US Patent and Trademark office

at www.uspto.gov

 

Often bigger companies win by bullying, even when they don't have a

legitimate claim. However, even if they are not in the right, it will

cost time and money to respond to this and they probably have more

resources than do you.

 

There must be a registry of trademarks in Canada, just as there is in

the US. I would look up this company and scrutinize the trademark. If

you truly think it is overly broad, you can challenge it directly with

the government. This would be far cheaper than going to court to answer

the challenge.

 

If you need more info on tradmarks, let me know privately.

 

Gillian Fryer

 

, Carol Pearce <cjpearce@r...>

wrote:

> Hi Gang, I need your creative assistance, my little company is under

> attack. A brittish company ( figures), has trade marked the name

witch,

> here in Canada. So my little company name of witch essentials is

> currently being opposed by an expensive group of lawyers.

>

> I am looking to make a switch , I need to come up with a name that

> covers spell supplies, natural beauty products, candles, incense etc,

> oils and herbs. Any suggestions would be greatly appreciated..

>

> Carol

[Guest guest]

>Hi Gillian,

I was wondering if you could share your expertise with us here

concerning the difference between the trademark, copyright and

registered symbols and their appropriate use. For example, I have a

tag-line for my business and I do not know if I need to register that

as a trademark or if I need to get it copyrighted. Also, what is the

difference between the TM symbol and the R symbol? I am in the US, so

am interested in US law interpretation. Thanks for your help! Warm

regards, Lori

 

> If you need more info on tradmarks, let me know privately.

>

> Gillian Fryer

>