I have a trademark for the term "BlondeNerd." Does this trademark protect use of the term "Blonde Nerd" (with a space) as well?
Commercial Real Estate Attorney
Yes, the phonetic aspect of your trademark is usually what is most important when evaluating whether another trademark infringes, if we are comparing word marks. It does not matter if there are spaces or different spellings.
8 lawyers agree
Intellectual Property Law Attorney
Yes, Britney, it does. If you go to http://tsdr.uspto.gov/#caseNumber=86036181&caseType=SERIAL_NO&searchType=statusSearch then click on the tab labeled documents and then on "notice of pseudomark", you will see th USPTO has ruled the two terms are equivalent. And, common sense will suggest that when someone speaks on the phone, they are identical.
I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.
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Intellectual Property Law Attorney
Hmm. I have a different take.
1. If someone brands a product or service "Blonde Nerd" and that product or service is not related to whatever "BlondeNerd"-branded product or service that you sell under that mark then you very likely CANNOT prevent that other use.
For example: If you use "BlondeNerd" to brand and sell reading glasses then it's very likely lawful for someone else to sell "Blonde Nerd" wigs or clothes or cell phone cases or anything else unrelated to reading glasses.
2. If you're asking whether your existing trademark rights [and registration?] in "BlondeNerd" allows YOU to change it to "Blonde Nerd" without undermining your existing rights then the answer is likely no. Your own trademark attorney will have to evaluate if that change is "material" [considering how it is actually used in the marketplace] and, if it is, then any registration for "BlondNerd" would likely not apply to your use of "Blonde Nerd."
You need to have your own trademark attorney discuss all of this with you in PRIVATE. Good luck.
The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
2 lawyers agree
I assume from your question that it is not you, but some third party, who is using the name "Blonde Nerd" (with a space), rather than YOU using that name as an alternative trademark.
If so, then the general answer to your question would be 'yes,' UNLESS there is no likelihood of consumer confusion between your product/services and those of another company using the same (or almost the same) product or service name. There are past court cases which describe the legal rules for determining whether there is a 'likelihood of confusion,' which are sometimes referred to as the 'DuPont factors.'
One of the purposes of trademark law is to help consumers avoid mistaking one company's product or services for those of other companies, and in a case such as yours, a person who, for example, is listening to the radio, would not able to distinguish the other company's trademark from yours.
If you in fact have a situation in which another company is using the same or almost the same product/service name, you would be well advised to consult with an attorney right away about ALL of the specifics of your situation, rather than simply relying on the general comments made on this website. Relying on the general comments on this website could lead to some mistaken assumptions on your part and which could end up causing you unnecessary time, cost, aggravation, and even, conceivably, loss of or damage to your trademark rights.
The above is not intended as legal advice and does not constitute the creation of an attorney-client relationship, as this forum does not provide for a confidential communication. Furthermore, the attorney's answer above is intended to be general information only, and there may be facts not contained in the question which could change the answer, so the answer above should not be relied upon without first obtaining legal advice from your own attorney.