copyright internet trademark
Can I break a trademark word into two terms and use it for my products?
<p>I was recently approached by a company to stop using the name "Brain Dots" because they have trademarked the word "BrainDots".</p>

<p>"BrainDots" is a single word where as "Brain Dots" are two separate words</p>

<p>I would like to point out that the both apps are unrelated and that my app was published first on google play.</p>

<p>Thank you.</p>

<p>Infringement of a trade mark occurs when someone uses a sign or symbol in a way that could be confused with the trade mark. Short answer: two words as opposed to a compound word are similar enough that that would cause infringement.</p>

<p>However, a person does not <em>have</em> a trademark if another person has used a similar trade mark at an earlier time for similar goods and services. For Australia the relevant section is <a href="http://www.austlii.edu.au/au/legis/cth/consol_act/tma1995121/s58a.html" rel="nofollow">s58a</a> of the Trade Mark Act</p>
