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Sounds a-like but not quite: Is the trademark infringed?

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  1. Introduction.
  2. The trademark's legal matters.
  3. The issue of trademarks with similar sounds.
  4. Conclusion.

The capital is already at hand, the plan has been laid out and the place is just perfect. Most importantly, you just came up with an imaginative name that could spark up the business venture you've been envisioning for so long. But no matter how much thought has been put forth to produce such name, you can never be certain that no other else has created the same, hence, you do not know for sure, at least not right away, that the name or the label is completely yours. In such case, you might opt for another one which is more unique and will make your business stand out. This scenario practically illustrates the essence of trademarks.

[...] Havoline Oil Co., where it was decided that cannot be equitable for a well-informed merchant with knowledge of a claimed invasion of right, to wait to see how successful his competitor will be and then destroy with the aid of a court decree, much that the competitor has striven for and accomplished--especially in a case where the most that can be said is that the trade-mark infringement is a genuinely debatable question?. Again, other factors accounted for the decision that the court put down. In essence, how a trademark is pronounced including spelling and sounds is a part of its characteristics that maintain the identity of the product or service. Business owners should always be reminded that trademarks serve the purpose of being identified and known, if not famous. To make things simple, once a trademark brings confusion, then it no longer identifies that sole product or service only. [...]


[...] Yes, it is possible that an owner might not infringe a trademark by intention but then again, there is no way to know whether an action is intentional or not. Therefore, the only way to run a business smoothly is to check all obstacles that might not along the way. If legal opinion is not accessible right away, then other means to sort out the issue are possible such as the internet. The World Wide Web is a good venue to verify if some other companies own the chosen trademark already. [...]


[...] Since trademarks serve as the identity of a product, the quality of each is ensured and the public is given an opportunity to choose products that best suit their needs. In addition, it settles disputes most especially among competing companies who manufacture or offer the same kind of products and services. The Issue of Trademarks With Similar Sounds Just because a trademark differs in spelling from the rest, there is a tendency that its uniqueness is assumed right away. However, there is more to uniqueness other than the order of letters and words. [...]

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