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Erick Kandl wrote:
>
> Using any of the trademark sites would be a good start, but be aware
> that all trademarks may not be listed on a given site. When a company
> uses a registered trademark (R), that mark is on file with the
> government and can be easily found. When a company creates a trademark
> (TM) and uses it with a product/service, there is no paperwork filed
> for that mark; the company itself should have some reference for when
> they started using the mark. Just keep in mind that even if you don't
> find the TM for which you are searching, someone may already be using
> it.
Agreed, but you must go much further than that. The rights to a mark
generally arise on the first actual use. Federal rights arise when the
use is in interstate commerce. State rights may vary, depending on the
State. Two companies may have similar marks, without infringement,
because the use is different. Other marks may be considered so similar
as to infringe. If you spend a few hundred dollars you should be able to
get an opinion of a competent, intellectual property attorney. Do not do
it yourself. You may get away with it, but if you don't the price can be
very high.
--
Peter
Arguing with an engineer is like mud wrestling with a pig.
You soon realize they both enjoy it.
