The student conducted a trademark search on the phrase "Simply Complex" for use with an electronics company. The search returned three results - two active trademarks and one inactive. One active trademark is held by Studio 7 Media, an entertainment services company that also engages in new product development. There is a risk of confusion between the two companies. Upon further research, the student found Studio 7 Media is already using the trademark on their website. Therefore, the student concluded they should not use the trademark "Simply Complex" due to the risk of potential infringement with Studio 7 Media.
2. I came up with the phrase Simply Complex for use with
consumer electronics such as video cameras, Mp3 players, etc.
This phrase is to describe the products my electronics company
produces are simple to use, but contain complex technology
that defeats our competitors.
3. My search came up with 3 results. Of the three, two are still
LIVE and one is DEAD. I will need to check the two that
are still LIVE so that I will not be infringing on their
trademarks if I go forth with Simply Complex.
4. The 鍖rst company to 鍖le this trademark is Studio 7 Media. They are an
entertainment service company that o鍖ers software/website development,
and graphic design services. The only concern here is that they are also in
the 鍖eld of new product development. Their current 鍖ling basis is 1B
which means that they are still planning to use to the trademark. There is
a moderate risk of confusion.
5. The second applicant is an individual. This person plans to use
the word mark for various apparel including, shirts, pants,
jackets, etc. This person is not planning to use this trademark
for consumer electronics. This person also has a current 鍖ling
basis of 1b. There is very low risk of confusion here.
6. The last applicant was a Communications Corporation that
鍖led for the phrase as a service mark in 1981 and 鍖rst used it in
1980. It has since been cancelled in 1989 and is now considered
DEAD.
7. I could potentially be infringing on Studio 7 Medias trademark.
Even though they are in the entertainment business industry
and o鍖er services, they seem to also be in the 鍖eld of new
product development. Since we are both companies that are
into researching technology, possible confusion of the
trademarks may occur.
8. Conclusion
The use of my trademark would be di鍖erent from Studio 7
Medias because I am using the trademark for a product and not
a service. However, I do believe there could be a risk of
confusion because both of our companies are into research
technology. Upon further research, I headed to Studio 7 Medias
website at http://www.studio7media.com/ and found that they
have already begun using the trademark Simply Complex on
their front page, even though the USPTO website still lists it as
1b.
In conclusion, I do not think I will be using this trademark. A
possible infringement case may occur if I go forth with Simply
Complex. Even though Studio 7 Media is an entertainment
business service company, they are also in the 鍖eld of new
product development and research technology. A con鍖ict may
occur between our companies because both of our companies
are in the 鍖eld of new product development and research
technology.
9. References
Studio 7 Media. (April 25, 2008). Simply Complex. Retrieved January 23,
2009, from http://tess2.uspto.gov/bin/show鍖eld?f=doc&state=up1vta.2.1
Lorenzo, O. (August 12, 2008). Simply Complex. Retrieved January 23,
2009, from http://tess2.uspto.gov/bin/show鍖eld?f=doc&state=up1vta.2.2
Cimply Complex Communications Cystems Corporation
CORPORATION. (February 5, 1981). A SYSTEM OF REPORTS TO
INCREASE THE PROFIT OF YOUR BUSINESS CIMPLY
COMPLEX COMMUNICATIONS CYSTEMS CORPORATION.
Retrieved January 23, 2009, from http://tess2.uspto.gov/bin/show鍖eld?
f=doc&state=up1vta.2.3