Can we register a trademark for a software product with the same name as another software product...?
482442
Can you register it?  Yes, probably.  Will it do you any good?  Maybe not.\n\nBecause both products are software products, the other company could legitimately come after you.  Trademark classifications are generally done by the product or service itself, rather than by the industry of its likely users.  The key measure of whether your trademark is too close to someone else's is basically, "Is there any chance that a potential customer might be confused?"  Just the likelihood of confusion is enough to justify a claim of trademark infringement.\n\nI would consider contacting the other company before you start using a similar trademark.  If you can explain to them how your software is different and what steps you're willing to take to help avoid confusion, there is a good chance that they will agree to a contract with you that lays out your rights and theirs.  The contract should contain an "agreement not to sue", which is pretty common in trademark work.  That provision could require, for example, that the other company will not sue to enforce its trademark against you as long as you don't stray into its business-area.  Instead, you can agree to submit any disagreements to private arbitration, which is much cheaper than a lawsuit in federal court ($50k and up just to go to trial!) and which can be kept confidential.\n\nYour "hardball" position with the other company, in case they don't want to give you a contract not to sue, could be that you're going to use the disputed word, etc., in a way that will make it very clear that you're a different company selling a different product, which weakens their chances against you, and they would be faced with the cost and bother of taking you to court if they disagree.  You should know, though, that this would be a risky route.  Trademark cases are often settled at a preliminary, pre-trial stage, because just getting a temporary injunction forcing you to stop work can be a death-blow for most companies.  Add damages and attorney's fees (yours and theirs, if you lose!), and you're looking at an ugly gamble.\n\nI'd recommend using a locally licensed attorney who specializes in trademarks.  General practice attorneys usually don't know much about this area's tricky bits.  I hope that helps.  Good luck.
1151149
I understand your question. Maybe this could help:\n\nhttp://www.legaldocument.com/products.html
630066
This is true unless the software came included with your PC when you bought it.  In this case, you'd likely have an OEM license, which can only be activated in one PC.
769481
Without knowing the details, it's going to be impossible to answer your question. Plus just because you show one dead mark does NOT mean that the name is truly available.\n\nDetermining if marks infringe can be tricky and each situation varies from another.\n\nThe general rules to keep in mind are:\n\n1) Are the names similar in Sound, Appearance or Meaning?\n\n2) Are the industries the same or similar to one another?\n\n3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?\n\n4) Do the trade areas cross? What about the advertising routes -- are the products/services advertised in common places?\n\nHere's what the USPTO has to say about this matter:\n\n"The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:\n\nthe similarity of the marks; and \nthe commercial relationship between the goods and/or services listed in the application. \n\nTo find a conflict, the marks do not have to be identical, and the goods and/or services do not have to be the same. It may be enough that the marks are similar and the goods and/or services related."\n\nIt's best to contact a private search company or a trademark attorney to assist you in determining if this will be a problem or not.\n\nHope that helps! I wish you much success & happiness in all your ventures!
626044
Registered, copyright and trademark.  They all mean that the product or name cannot legally be used by another company.
912178
yes, it's a brand name
13022
I need more info to answer this question. IF you are only taking NIVERSI from the word UNIVERSITY, well then you are OK because no one owns the word UNIVERSITY in any field. If trademarked as part of an educational service name, then you will find the USPTO will require you to disclaim UNIVERSITY. Your use of NIVERSI is actually very distinctive! Now, you need a comprehensive search to see if there are other conflicts or similarities that really affect you. See trademarkexpress.com.
814815
To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark. \n\nIf you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.\n\nPrior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available. \n\nThis entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.  \n\nHope that helps! I wish you much success & happiness in all your ventures!
475719
Do a computer search to see if the product already exists first. You could save a lot of time effort and money. Otherwise go to a LEGITIMATE invention company. Do a search to find one and always check their record with the BBB.
11345
In the United States (and the law is similar in most countries), it isn't copyright that you need to worry about. Single words and titles aren't copywrited.  However, the word "entmoot" from the Lord of the Rings is probably subject to trademark protections, even though it may not be registered as a trademark.  The law can be complicated, and many tests are applied, but the basic question asked in trademark is whether the mark (in this "entmoot") is associated with the previous user and could cause confusion in a customer when the customer sees it used by the new user. That is, would someone buying a product with "entmoot" in the title assume that the product is associated with Tolkien/ Lord of the Rings because of the word.  I think they probably would, myself.\n\nThe US Trademark Office and Copyright Office have some useful information online if you want to pursue the question.  http://www.uspto.gov/main/faq/index.html
1022319
first get a patent for a new tech .produce it give it to the testers and reanalyse it .register your product. if it is a software release a beta version and look for views then release the original version(i suppose these are logical steps)
527361
You need to go to the office of patents. They will determine which one you will recieve although it's nearly impossible to copyright a phrase or slogan.
979236
All this software is designed and copyright protected! If its a requirement of the business purchase the package required. Put out a tender!!! Nothing is for free!!\nTalk to you IT Dept
69194
Do you have a name in mind for your new baby bottle design? Prior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available. \n\nThis entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark. \n\nResearch is needed to make sure your trade name is legally available, before opening, before expansion, before incorporation or before designing your logo. Similarities in sound, appearance and meaning affect you too!\n\nThere are 16+ million trade names in use in the United States. Similar names matter, if close in sound, appearance or meaning. Similar names in related classes, distribution channels and customer matter too. You are affected by Common Law use (14 million), State Trademarks (500,000) and Federal Trademarks (2 million).
631537
Yes, but you can dispute it through ICAAN\n\nYou can also use some variant names for yourself, and one for the other guy (such as www.mycompetitorsucks.com)
116110
This's not an easy issue. I suggest you to use some kind of "starter kit", maybe linux core. And the name can be your initials or something alike.
1124410
i just registered it for myself!!!hahah now you cant... just kidding... I'm not that mean. i think you have to get something like a patent, but for names of company's/restaurants. but im not sure where you get it from. sorry...hope i helped!