I like Paulina as name for kids language center . Paulinoes is trademarked ( dominoes game ) . Can I trademark Paulina ?

Asked over 1 year ago - Cerritos, CA

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 .

Attorney answers (4)

  1. Michael Charles Doland

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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... more
  2. Brad S Kane

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . 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.

  3. Frank Anthony Natoli

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . Hi,

    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.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the... more
  4. Philip Leon Marcus

    Contributor Level 16

    2

    Lawyers agree

    Answered . 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-... more

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