Is there risk of confusion ? Paulinoes trademarked under IX 028 . US 022 023 038 050 . G & S : Games and playthings , namely , board games , parlor games , playing cards and card games ; articles and pieces , namely , molded pieces for use in playing board games , parlor games and card games and boards for use in playing board games ; arcade type electronic video games .
Only an attorney client relationship can give you an answer you can rely on, and then with limitations. Avvo provides analysis.
You are correct to be concerned about liklihood of confusion, a legal standard, but the end of the phrase is "in the relevant market". Your facts don't reflect that you compete or that anyone in the language market and the games market would be confused about hte source or origin being different.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
As my colleague noted, you need to hire your own lawyer to gain the advantage of such specifc legal advice about your TM clearance. This website is not intended to substitute for your own attorney.
While you and this other mark holder may be located in different classes of goods/services it is certainly possible that they can consider you a confusingly similar mark even if the USPTO does not and opppose you or petition to cancel you later (usually after you have spent a ton of money getting noticed). Some very agressive mark holders will do this even when it seems altogether obvious that the marks are not identifying the same source of good/service.
I suggest you work with a professional to that can help with your TM clearance and filings so you stand the best chance of registration and to avoid issues later.
I will link you to some general helpful information below and most of us here, including myself, offer a free phone consult.
The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the areas of business law and intellectual property to entrepreneurs, small-to-medium size businesses, independent inventors and artists across the nation and abroad. Feel free to call for a free phone consultation; your inquiries are always welcome: CONTACT: 866-871-8655 Support@LanternLegal.com DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
Given the risk of confusion, direction to the same type of consumers and the likelihood you could be threatened with a lawsuit or actually sued for infringing an existing trademark, I would urge to retain the services of an intellectual property/trademark lawyer to assist you. Money spent now will be cheaper in the long run.
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Trademark Application Attorney
Whether you like it or not can get you into trouble, if you fall in love with it and it cannot be registered or defended.
There is a tendency against people’s names because if you get Paulina, for example, no one else can use it even in connection with other words.
The best trade names from POV of being registered and strength if attacked or infringed are either made up words like Exxon or words used wildly out of context like Apple with Computers. They are also the kinds that stick in people’s minds, even though the owner of the business is not in love with the name.
Licensed in Maryland with offices in Maryland and Oregon. Information here is general, does not create a lawyer-client relationship, and is not a substitute for consulting with an experienced attorney on the specifics of your situation.
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