Plural Wording On A Trademark

[Sugn]

Hello,

Assuming the phrase "love in wedlock" was already trademarked but that "loving marriage(s)" was not, would I have any problem in securing and protecting the latter phrase(s)? Assuming I can trademark "loving marriages" should I also trademark its singular form "loving marriage"?

Thank you.

[donnell]

Dear Gary,

While the marks differ in sound & appearance, there may be a possibility of similarity in meaning.

Determining if marks infringe can be tricky and each situation varies from another.

The general rules to keep in mind are:

1) Are the names similar in Sound, Appearance or Meaning?

2) Are the industries the same or similar to one another?

3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?

4) Do the trade areas cross? What about the advertising routes -- are the products/services advertised in common places?

Here's what the USPTO has to say about this matter:

"The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:

the similarity of the marks; and the commercial relationship between the goods and/or services listed in the application. To find a conflict, the marks do not have to be identical, and the goods and/or services do not have to be the same. It may be enough that the marks are similar and the goods and/or services related."

As far as filing the singular and plural usage, that's recommended if you intend to use both variations. The USPTO will require proof, what they call a specimen, of your usage. Whatever is listed on the application must match this specimen. For goods, this typically means tags, labels, etc. while for services this usually means advertisements, brochures, web pages, etc.

Hope that helps! I wish you much success & happiness in all your ventures!

Warmest regards,

Shannon Moorehttp://www.tmexpress.com