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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a simple question and it is about trademarks. For example

Resolved Question:

I have a simple question and it is about trademarks. For example you have this camera software called Retrica, however I know this is trademarked and you cannot use it without permission. On the other hand the word "trica" in Retrica is not a subject of trademark. So I want to ask can I make my own one called something like Selftrica or Camtrica?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

The law stats that a customer must not be confused between the trademarked product and yours.

Alex Watts :

If the customer is then it is passing off

Alex Watts :

To be honest I think using the term trica for a camera would infringe.

Alex Watts :

If it was a brand of hair straighteners that would be different.

Alex Watts :

But its a play on a trademarked word in the same industry

Alex Watts :

That is why I think it needs to be different

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

How about using it in this way TricaSelfie? I am really confused because I can see many people using the word Angry in the application on android as in Angry Birds for example they use Angry Cows wouldn't that confuse the customer as well? If I use it like this Seltrica would that infringe or Seltrica?

Alex Watts :

But this is an actual product, rather than an application

Alex Watts :

The test is would a customer be confused

Alex Watts :

If the answer is yes - you infringe

Alex Watts :

If the answer is no then you do now

Alex Watts :

* not *

Alex Watts :

Remember, the word angry is generic

Alex Watts :

Its like the word nice

Alex Watts :

Retrica is specialist and has no meaning in the dictionary

Alex Watts :

That is the difference

Customer:

For example if I use "rica" or "trica" within a name of something would that be a problem because personally I don't think they can trademark that and say they can only have "rica" or "trica" in their name in this case then everyone will start trademarking silly things like that. How can I know if the customer is confused

Alex Watts :

I disagree. Its like having the word Virgin used.

Alex Watts :

Virgin group would get upset

Alex Watts :

I would recommend using a different word - that is my advice.

Alex Watts :

Of course you are free to make your own commercial decision in relation to that.

Alex Watts :

How about the words Iphone

Alex Watts :

What happened if you wanted to create an Iwatch? Would apple be upset?

Alex Watts :

I am sure they would.

Alex Watts :

This is the difficulty.

Customer:

well how can you trademark the letter "I"

Customer:

I don't want to use their whole name I just want to use this "rica" which I guess I can trademark myself. On the other hand can I use words like Camera, Viewer without any problem because they are generic

Alex Watts :

I don't think you can

Alex Watts :

The words are not generic, like angry

Alex Watts :

Retrica is not a word that is used.

Alex Watts :

Thereby using part of that word you are leaving yourself open to litigation

Alex Watts :

I realise this may not be the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything else for you?

Customer:

can I use the words Camera and Viewer last question

Alex Watts :

Of course.

Alex Watts :

That is fine. They are generic

Customer:

So all generic words I am allowed to use ok thank you very much :) have a nice day really appreciate your help

Alex Watts :

Does that help? I want to make sure you are clear?

Customer:

Well ok then for example

Customer:

If on the google play store there is a an app called Camera Selfie Viewer

Customer:

can I name mine similar like Viewer for Camera Selfies

Customer:

I mean EVen using the same name would that be a problem ?

Alex Watts :

Yes that is fine, because it is so generic

Customer:

Ok then thank you for your help have a nice day I got everything cleared up now

Alex Watts :

Great. If I could invite you to rate my answer before you go. The button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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