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Will my mark be denied if I try to register with USPTO?

Hollywood, FL |

Hypothetically speaking… I’m interesting registering the mark “Mazi”, but based on a basic USPTO search I discovered a similar mark that’s already registered called “Maziapps”. Is my registration likely to be denied using the likelihood of confusion standard because “Maziapps” is a website that gives users the ability to publish mobile apps, and my mark, “Mazi”, is a mobile app?

Attorney Answers 5

Posted

Marks are potentially in conflict if they are similar in sight, sound, and meaning, and used with the same or similar goods or services. Remember, when choosing a mark, you want it to be distinctive -- that is, the mark should distinguish your goods/services from others -- so it's best to select a mark that is as unique and as different from others as possible. The budget for building your mobile app should include the cost of getting advice from an attorney about trademarks -- and patents.

This comment is NOT LEGAL ADVICE and is posted for informational purposes only. I am not your attorney; you are not my client. Both you and any other person reading this comment SHOULD NOT RELY UPON this comment. Regardless of the information provided in this comment, any reader of this comment should CONSULT AN ATTORNEY to get the legal advice you are seeking.

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Bruce E. Burdick

Bruce E. Burdick

Posted

Correct, but conflict of marks is not the issue, it's confusion as to source of goods bearing marks. Here there is virtually certain to be such confusion, absent some unstated major difference.

Posted

Q: "Will my mark be denied if I try to register with USPTO?"
R: Probably. But the federal registrability of the mark is not your greatest concern. Your greatest concern is being sued by the "Maziapps" owner for trademark infringement if you adopt "Mazi" as a mark.

You've already disclosed too much specific information about your business plans in a public forum. Stop. The "Maziapps" trademark owner and its counsel will likely read your Avvo question and its responses. Speak with your own Florica-licensed intellectual property attorney about how to go about (1) protecting the code for the application that you've created under copyright and trade secret law, (2) forming a business to commercialize the application, (3) branding your company and application and (4) lots of other issues. 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.

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Asker

Posted

"Maziapps" is not the actual mark... I just made-up that term for the purposes of my question.

Daniel Nathan Ballard

Daniel Nathan Ballard

Posted

Whew. Well done.

Posted

Your statements in a public forum can be used against you in future litigation. They are not protected by attorney-client confidentiality. Contact a local law firm. www.tuckeriplaw.com. Ph: 954-204-0444.

The general information provided does not constitute legal advice and should not be used as a substitute for obtaining legal advice from an attorney.

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Asker

Posted

"Maziapps" is not the actual mark... I just made-up that term for the purposes of my question.

Daniel Nathan Ballard

Daniel Nathan Ballard

Posted

Whew. Well done.

Bruce E. Burdick

Bruce E. Burdick

Posted

Well, that suggests you are smarter than it seemed. Good for you. Now you know one thing not to do.

Posted

You already know the answer because you know that the standard is likelihood of confusion. Your application will almost certainly be rejected in circumstances such as this, since there is clearly a likelihood of confusion.

Furthermore, with respect, you are approaching this process backwards. Your question implies that you already selected a trademark before involving trademark/IP counsel. That is not a smart approach. You need to retain legal counsel to advise you in advance of choice of trademarks---branding is critical for your business, and one of the main jobs of IP/trademark lawyers is to guide their clients throughout the branding process---you need to bring legal counsel into the beginning of the branding process---not at the end when it is too late for the lawyer to save you money. In a situation like this, you make a major mistake if you attempt to use a web-site like this as a substitute for legal counsel. There is no more important budgetary priority for any business than to have adequate funds to lay the proper branding/intellectual property legal foundation.

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Bruce E. Burdick

Bruce E. Burdick

Posted

Exactly right. Your brand is perhaps the most important long term asset of your business. Ask Coca Cola, Walmart, Samsung, Ford, Toyota, Sony, etc. At least you were smart enough to come here and suffer the slings and arrows of outrageous fortune from a bunch of grumpy old lawyers like me. LOL For heaven's sake pick a brand that is distinctive not imitative.

Asker

Posted

That's very rude... I reported this behavior. Bruce, at least be calm when serving advice for questioners. Very inappropriate and rude.

Maurice N Ross

Maurice N Ross

Posted

I don't see anything rude here about either my answer or Bruce's comment. This asker needs candid legal advice not hand holding

Bruce E. Burdick

Bruce E. Burdick

Posted

I also fail to see any rudeness on this answer, but I suppose rudeness is in the eye of the beholder.

Bruce E. Burdick

Bruce E. Burdick

Posted

Perhaps you thought I was calling you a grumpy old man, when it me I was talking about so if I was rude, it was to myself. LOL

Posted

Are you kidding? You want to use MAZI for apps and wonder if you can register it at the USPTO which has already issued a registration for MAZIAPPS for app pushing services. Getting your application denied would likely be the minor part of your problem. You do that and, unless you were extremely lucky, you should and likely would get a CDL in short order and a lawsuit soon after if you persisted in that foolish trademark infringement/servicemark infringement. Are you feel'n lucky today?

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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