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Hello my name is ***** ***** I will help you with this.
The law stats that a customer must not be confused between the trademarked product and yours.
If the customer is then it is passing off
To be honest I think using the term trica for a camera would infringe.
If it was a brand of hair straighteners that would be different.
But its a play on a trademarked word in the same industry
That is why I think it needs to be different
Can I clarify anything for you about this today please?
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?
But this is an actual product, rather than an application
The test is would a customer be confused
If the answer is yes - you infringe
If the answer is no then you do now
* not *
Remember, the word angry is generic
Its like the word nice
Retrica is specialist and has no meaning in the dictionary
That is the difference
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
I disagree. Its like having the word Virgin used.
Virgin group would get upset
I would recommend using a different word - that is my advice.
Of course you are free to make your own commercial decision in relation to that.
How about the words Iphone
What happened if you wanted to create an Iwatch? Would apple be upset?
I am sure they would.
This is the difficulty.
well how can you trademark the letter "I"
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
I don't think you can
The words are not generic, like angry
Retrica is not a word that is used.
Thereby using part of that word you are leaving yourself open to litigation
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
Can I clarify anything else for you?
can I use the words Camera and Viewer last question
That is fine. They are generic
So all generic words I am allowed to use ok thank you very much :) have a nice day really appreciate your help
Does that help? I want to make sure you are clear?
Well ok then for example
If on the google play store there is a an app called Camera Selfie Viewer
can I name mine similar like Viewer for Camera Selfies
I mean EVen using the same name would that be a problem ?
Yes that is fine, because it is so generic
Ok then thank you for your help have a nice day I got everything cleared up now
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