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trademark question

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Brash
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Joined: 20 Oct 2002
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PostPosted: 04/15/05 - 16:37    Post subject: trademark question Reply with quote

if you mix to tradmarked products together to make a new product is it still trademarked or do you have a new product ?

like say you mixxed alpo dog food with purina dog food , could you clearly label on the package that it is a mix of these two products but you are calling super mix dog bites ? would this infringe on thier rites or do you have a a totally new product ?
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Aluaeia
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PostPosted: 04/15/05 - 18:35    Post subject: Reply with quote

Ask a trademark lawyer, not realpoor.

Here's a few sites anyways though.

http://www.law.cornell.edu/topics/trademark.html

http://www.uspto.gov/web/offices/tac/tmlaw2.html

Also, your described idea probably won't work, because afaik it goes far beyond the "fair use" allowed by law.
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Tura
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PostPosted: 04/15/05 - 18:37    Post subject: Reply with quote

I highly doubt it unless you had consent from both of the respected owners of both products. And im sure you wouldn't get that unless you agreed to give them a fat percentage of your profits.

So basically...I doubt it.
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Confused
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PostPosted: 04/15/05 - 21:44    Post subject: Reply with quote

A trademark is a protected name or image, not product.
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Brash
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PostPosted: 04/15/05 - 22:44    Post subject: Reply with quote

what is the difference between the small "tm" after a products name and the small "r" with the circle around it ?
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Brash
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PostPosted: 04/15/05 - 22:53    Post subject: Reply with quote

Confused wrote:
A trademark is a protected name or image, not product.


does this mean that yu could sell it , but you could not tell people whats in it ?
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motherface
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PostPosted: 04/15/05 - 23:02    Post subject: Reply with quote

There are trademarks, registered trademarks, and service marks (SM). Never was clear which is which but I'm sure Google & the Patent Office can answer all questions in like 5 minutes.

http://www.uspto.gov/web/offices/tac/tmfaq.htm
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Brash
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PostPosted: 04/15/05 - 23:19    Post subject: Reply with quote

the r means its trademarked nationaly. the tm means its not trademarked but they are willing to take ya to court if you use it.
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scrotum
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PostPosted: 04/16/05 - 04:09    Post subject: Re: trademark question Reply with quote

Brash wrote:
if you mix to tradmarked products together to make a new product is it still trademarked or do you have a new product ?

like say you mixxed alpo dog food with purina dog food , could you clearly label on the package that it is a mix of these two products but you are calling super mix dog bites ? would this infringe on thier rites or do you have a a totally new product ?


You mean fishfeed? Smile
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Renork
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PostPosted: 04/16/05 - 06:41    Post subject: Reply with quote

are you talking about basicly taking their formulas or actually going out and buying a ton of each, mixing, recanning, and selling?
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