More details to this question:
I have a clothing brand I want to Trade mark which is 1oak, stands for "one of a kind" but another party has trademarked 1 oak and states the use of there 1 oak on clothing also. but notice there "1 oak" is spaced as mine is together "1oak". Also they have trademarked "one of a kind" for clothing, does that mean I cant use one of a kind on any of my clothing, even if my name brand is different??
1 ANSWER
The question is whether your use of 1oak is likely to cause consumer confusion between your goods and those of the party which has trademarked "one oak." I believe it would, but it is possible that a ttab examiner or Court might have a different opinion. However, it does seem clear that you can't use "one of a kind", assuming it is a valid trademark (you may be able to challenge this trademark as being too generic to be protected), just as Burger King can't use McDonalds'golden arches symbol on its materials, even if they otherwise clearly indicate that they are from Burger King.
Answered on Oct 08th, 2014 at 12:18 PM