Hello i got a question about a figurative mark/tm

[oberheimer]

Hello i got a question about a figurative mark / tm that i want to register.
I have designed a logo for my clothing brand (fitness related).
I can send a link in pm

There is one other figurative mark that looks a bit simular...
Need some advise on this
They used to own my .com before they let it go...

 

[Cartoonz]

I'd like to see what this is.. pm me.

 

[oberheimer]

Note it's the same name, thats why i'm asking...

 

[Cartoonz]

reg the word mark for clothing.

 

[domaingenius]

Are you speaking of a CTM or Swedish TM ?. Is the other TM in same class goods/services ?. Is the logo exactly same ?. Are the words exactly the same ?.

Cannot answer without answers .

---------- Post added at 11:31 AM ---------- Previous post was at 11:11 AM ----------

By the end of reading these 2 documents you will fully understand what you need to know .Enjoy;

http://oami.europa.eu/ows/rw/resource/documents/CTM/guidelines/opposition_similarity_goods_en.pdf

http://oami.europa.eu/ows/rw/resource/documents/CTM/guidelines/opposition_similarity_signs_en.pdf

 

[Gerry]

If the TM is still live, even though they may have dropped the .com, you may be in a huge mess.

Especially if you are using a logo "similar to" and being bold enough to come out with a new brand or product that the original TM holder produced.

You really, really, really need to talk to an attorney before you invest another penny or minute of your time on this project.