| || |
| || |
Join Date: Jan 2011
Location: Belgrave, Victoria
Thanked 225 Times in 201 Posts
| | Re: wordplay....anyone in?
Originally Posted by Jazzah
Ok my niave questions here! Party place is so generic, it is not the name of our business, just a description of services. So if we have our business name/logo and a lsit of a few services such as
kids party supplies
kids party zone
on signage would that infringe? Oh dear I really dont want anymore trouble, I have too much of it to handle already!
Hi Jazzah - that's why I added the "NB" - A trademark by definition is a 'sign' - be that a name, logo etc that you are using to distinguishing goods/services from those of other traders; to infringe a registered trademark, your use of a particular set of wording would need to be a use that meets the above definition; if used purely to indicate nature/kind of services etc, then no, it's not an infringement basically.
If the name, eg: KIDS PARTY PLACE will feature in the light box you mentioned prominently, and in such a way patrons or passers by could assume that this is your 'name' because of its prominent placement and be left thinking "oh, I might book a party at Kids Party Place down the road" this could be 'use as a trademark' and could be an issue if there are registered TMs.
However, if it will purely be as a description, as indicated in your last thread this should
be ok. It is up to trademark owners to monitor these things and act if/when they believe appropriate.
Hope that helps settle your concerns
- Didn't mean to worry you, just wanting to make sure that the 'use' you describe was in a generic sense and not as the 'branding' in the light box outside your premises.
Jacqui Pryor, Mark My Words Trademark Services Pty Ltd FREE Trademark Search available ~ A great first step to ensure your chosen brand name is available