Re: Registered Trademarks "case-sensitive"?

From: Cumbow, Robert-SEA <CUMBR[_at_]PerkinsCoie.com>
Date: Fri, 24 Apr 1998 11:08:00 -0700

Stefan Kramer <skramer[_at_]cac.washington.edu> asked:
>
> Is trademark registration "case-sensitive"? In other words, if "Foo"
> is a registered trademark, does that also extend to "FOO" and "foo" etc.?

If a trademark is registered as words-only, then it is protected in any typographical form in which those words are presented. If it is registered as stylized words or as a design mark, then the mark's protection is tied to the specific typographical and design elements of the mark as registered. As a practical matter, however, minor differences such as upper case instead of lower case are not likely to prevent a conflicting mark from being attacked as confusingly similar (assuming the goods/services are sufficiently related).

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Fri Apr 24 1998 - 18:07:46 GMT

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