Legal Question in Business Law in Ohio

Can a Trademark clash with ServiceMark?

Hello. I'm in the process of naming a product I've created. I've got a name that I want to trademark (federal), however there is a company that has registered that same name as a servicemark. Can I still register the name as a trademark?

Thank you.


Asked on 3/14/07, 9:42 am

2 Answers from Attorneys
Shalem Shem-Tov The Shem-Tov Law Firm, Inc.

Re: Can a Trademark clash with ServiceMark?

You may be able to, depending on whether your product is different enough from their product. For example, if you are making hairspray and they are making auto parts, then yes you can have the same name. An example of this is Apple the computer company and Apple the record company.

If you have any other questions feel free to contact me.

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Answered on 3/14/07, 8:12 pm
Frank Rozanc Frank J. Rozanc, Esq.

Re: Can a Trademark clash with ServiceMark?

No, generally, not without their permission. There is a chance of unreasonable confusion.

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Answered on 3/14/07, 2:26 pm


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