RustyBug
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+1 @ Lawyer.
My problem with this one is that "absolute inspirations" tells me ABSOLUTELY nothing more identifying than "absolute inspiration". Neither has established any recognition. One would have to read the trademark criteria that is registered. The fact that these are two entirely different industries, and you are certainly not "playing off of their popularity".
iirc, a name alone is not able to be trademarked, but the identifiable / distinguishing aspects associated to that name are. Opening a plumbing store that is named McDonald's because that is your name does not necessarily infringe on McDonalds just because they have trademarked the golden arches. Opening a restaurant and naming it McDonalds, hoping to play off the name recognition likely is. McDonald's Bakery, McDonald's Plumbing, McDonald's Photography each may/may not have infringing attributes.
Absolute inspiration(s) are such generic terms that I find it difficult to imagine what the trademark construed as being significant enough to warrant one being granted ... you can read it to find out.
From the http://www.uspto.gov/faq/trademarks.jsp
"A trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others."
That would be my first starting point. That'll at least prepare you for a discussion with an attorney during you initial consult ... rather than wasting the consult and then paying him to look it up. Also, it may arm you sufficiently for your rebuttal letter to them.
Again, out of my league from a legal standpoint, but my 'gut' thinks they are barking up the wrong tree. You'll need to learn the legalities or hire someone who already knows them.
http://tess2.uspto.gov/bin/showfield?f=doc&state=4004:imkqal.9.309
Word Mark ABSOLUTE INSPIRATIONS
Goods and Services IC 035. US 100 101 102. G & S: Wholesale and retail store services and on-line retail and wholesale store services featuring hand crafted and customizable inspirational photo blocks with quotes and other unique inspirational gifts for the senses, namely, Solar Chimes, Music Boxes, Soy Candles, Pure Himalayan Salt Lamps, Pure Bath salts, Lavender gifts, Chocolate gifts, Inspirational art, humorous gifts, get well gifts, inspirational clothing, sympathy gifts, Christian gifts, spiritual gifts, and inspirational books. FIRST USE: 20090200. FIRST USE IN COMMERCE: 20090200
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77952645
Filing Date March 7, 2010
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition September 28, 2010
Registration Number 3889093
Registration Date December 14, 2010
Owner (REGISTRANT) Absolute Inspirations, LLC LIMITED LIABILITY COMPANY DELAWARE 1013 East Willow Run Drive Wilmington DELAWARE 19805
Attorney of Record Josh Gerben, Esq.
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
I see nothing in their trademark regarding jewelry. You could also apply for your trademark, citing first use and first commerce use prior to theirs, and specifically point out jewelry and be sure to avoid similar significant terms included in theirs ... the main point is "identifies" (which neither does) and "distinguishes" (which jewelry would be 'distinguished' from theirs) from other parties.
Again, this is NOT legal, but consider it a primer as you move forward.
Me, I'd consider submitting my application for trademark that you are making custom jewelry utilizing laser technology (distinguishable for your trademark application from theirs) and let the USPTO make the call, with the help of an attorney to solidify your position.
GL HTH
Edited on Oct 01, 2011 at 03:24 PM · View previous versions
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