Legal Question in Business Law in Massachusetts
Trademark Limits?
An incorporated company in a different state than I reside has trademarked their product name using two words (ex: first secnd) uniquely spelled. I want to produce the same product but spell the product name using one the their words, correctly spell the second word and join them to be one word (ex: firstsecond). I checked the public records and found there is a disclaimer that states that no claim is made to the exclusive right to use the second word spelled correctly (ex: second) apart from the mark as shown in the word mark. Does this mean I could legally produce that product using the combined word name as shown in the example above ('firstsecond' rather than 'first second')and not infringe upon the trademark?
1 Answer from Attorneys
Re: Trademark Limits?
if the products are similar and the name is so similar as to cause confusion they can sue to protect their product name and trademark. Their location and your is not relevant unless the product and its market are strictly local, even then they may have a case to seek an order preventing you from using the name.
Without more information it is impossible to tell you what you can or cannot do. I suggest you contact a business attorney with some knowledge of Trademarks or a Trademark specialist.
If you have been selling your product under the proposed name before the trademark and can demonstrate it you may have some rights, but barring that it would be best to make your name more distinguishable from the other name other than spelling.
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