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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: International Law
Satisfied Customers: 11862
Experience:  Dual qualified Solicitor and Attorney
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Wesome, so a little more information. We are launching a pet

Customer Question

wesome, so a little more information.We are launching a pet supplement brand called 'Waggies' and have bought the .com domain as well as the .co domain. I guess my two concerns are:There is an existing US trademark for 'WAGGIES by Maggie and Friends' and we want to make sure we are non infringing on them by using 'WAGGIES'. They seem to be a non-profit organisation and they sell pet treats whereas we sell pet supplements in the form of treats.Our other concern is that we are a registered LTD company in the UK, but will be launching solely in the US, so we also want to make sure we arent infringing on any UK trademarks.The third question is how similar can it be e.g. WAGG is another brand in pet food niche, would WAGGIES infringe upon their trademark?JA: Is the trademark federally registered?
Customer: No
JA: Have you talked to a lawyer? What documentation do you have?
Customer:
Not yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer:
No
Submitted: 20 days ago.
Category: International Law
Expert:  james bruce replied 20 days ago.
Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Customer: replied 20 days ago.
Thank you! Looking forward to you response.
Expert:  james bruce replied 20 days ago.

having carried out a search on the United States patent and Trademark office.

The name "Waggies" is listed as a dead trademark. That means it is abandoned and therefore can be used and even registered by you.

Customer: replied 20 days ago.
What about this one "WAGGIES by Maggie and friends" - it's a live trademark for a non-profit organization selling dog treats
Expert:  james bruce replied 20 days ago.

That is a trade mark yes, but nit just "Waggies"

The link here shows different listings for a mark Waggy using different spins on the word. ie waggy wafer, waggy mutts etc, so more than one mark can be used.

The "WAGGIES by Maggie and friends" is trademarked, "Waggies" is not

Customer: replied 20 days ago.
us using the brand name 'Waggies' wouldn't be infringing due to likeness?
Customer: replied 20 days ago.
What about WAGG foods? I have talked to a few IP lawyers and they are saying that due to likeness we would be infringing on their Trademark.
Expert:  james bruce replied 20 days ago.

there is nothing shown with such a trade mark, it is a different spelling altogether.

Customer: replied 20 days ago.
but are you familiar with IP law? Do you know about likeness? or can I get this transferred to a lawyer who specializes in this?
Expert:  james bruce replied 20 days ago.

Yes I understand that.

It would always be gamble whether another company would say it is a likeness. As I have already shown you other marks can be very alike and still be valid.

Each case is dealt with on its own merits should one company challenge another, that is how litigation works, legal arguments and a judge decodes.

Customer: replied 20 days ago.
In your opinion, if you were the laywer for either the waggies by maggie and friends or Wagg - would you think that litigation would be succesful against us?
Expert:  james bruce replied 20 days ago.

I can advice on the law, which I have done, This I have explained and even show examples. I cannot give a personal opinion.

Customer: replied 20 days ago.
can you transfer us to a lawyer that has expereince with IP law
Expert:  james bruce replied 20 days ago.

I am experienced in this area, clearly you want to hear something else and a person opinion that is not going to be given.

I will opt out.

Expert:  Jeremy Aldermartin replied 20 days ago.

From the above, I can see you wanted to know if I was advising waggies by maggie and friends or Wagg would I think that litigation would be successful against you, I would not no. I trust this assists