Trademark

[scotty2hotty]

I know the ultimate answer to this is 'ask an IP lawyer' ... but what is CP if not a repository of diverse knowledge and individuals offering free and/or sketchy advice?

I'm looking at marketing a new fitness supplement. When doing a quick TM search of our proposed name, I see that it is already trademarked. The company/individual with the TM is in a completely different industry, however.

Here is where I'm unclear - when I look at other names/terms, they seem to have multiple trademarks registered by different entities. I am getting the impression that we may be able to use our name after all seeing as how it's in a completely different industry.

So ultimately, before paying for a lawyer, my question is ... is there wiggle room in a trademarked name if it's a different product in a different industry?

If so, then I'll move forward with hiring a pro.

If it's unlikely, then I won't bother and we'll find a new name.

[PepsiFree]

What is the other industry the name is trademarked in?

Not a lawyer, obviously, but I have worked with clients and lawyers in trademarking certain names. It's much easier if there's zero conflict, but if the two industries are entirely unrelated, there's definitely wiggle room and trademarking the name should be doable.

[scotty2hotty]

Interesting. Thanks!

The other company is an outdoor/camping gear supply company.

We are marketing a sleep supplement.

[troutman]

https://www.canada.ca/en/services/bu...rademarks.html

Trademark examiners look at many things when they decide whether trademarks are confusing, including:

• whether the trademarks look or sound alike and whether they suggest similar ideas
• whether the trademarks are used to market similar goods or services

https://laws-lois.justice.gc.ca/eng/...ion-6.html#s-6.

[Hockeyguy15]

What does chloroform have to do with camping? You should be fine.

[scotty2hotty]

Originally Posted by Hockeyguy15

What does chloroform have to do with camping? You should be fine.

If you have a better solution for getting the bears to cuddle, then I'm all ears.

[Titan2]

Originally Posted by Hockeyguy15

What does chloroform have to do with camping? You should be fine.

Haha. Nothing. Nothing at all.

Hey, want to go camping?

[Jason14h]

Originally Posted by scotty2hotty

If you have a better solution for getting the bears to cuddle, then I'm all ears.

Buying them a Gin and Tonic or Vodka soda is what the interweb suggests

[you&me]

Originally Posted by Jason14h

Buying them a Gin and Tonic or Vodka soda is what the interweb suggests

I think that's for cougars...

[Hockeyguy15]

Where is MRC when you need him? He would clear this up ASAP.