<span title="Trademarks.....................?">Trademarks..................</span>

Question

I am asking you guys, if there was a global business whos service were to supply the world elite with luxury goods and services in all walks of life the trading name being "quintessentially" would a business named "quintessentiallypink" that is an adult dating and chat site with different colour scheams etc be confussing and harmfull to the goodwill of "quintessentially"

I feel the two businesses to be completely different and in my opinin only a moroon would not be able to distingush between the two.

Please help by stating your opinion and wether or not you are knowledgable in trademark law.

Thanks in advance............................

Answer 1

I hear your question but you have to go for a better name, quintessential is too.... it&#039;s just a single word.

Why don&#039;t you call it &quot;good&quot;

You need something more sophisticated, my man.

Answer 2

Yes they could be confusing and harmful. Yes.

However, whether any challenge could be successful would depend in the precise circumstances on the case.

A trade mark could be described as:

Any sign which can distinguish the goods and services of one trader from those of another. These signs can include words, logos, pictures, sounds, smells, colours,  forms (3 dimensional marks) or any combination of these.

A trade mark is primarily a badge of origin, and it is used so that customers can recognise the product of a particular trader.

The mark  must also be able to be seen, or understood. You must graphically represent it on the application form.

To be an acceptable trade mark it must be distinctive for the goods or services which you are applying to register it for, but it must not be

* deceptive, against the law, or against accepted morality

*descriptive of a characteristic of the goods or services.

Visit http://www.ipo.gov.uk/home.htm for details of the rules around trade marks