General Trademark question

Subject: General Trademark question
From: "Jelinek, Jennifer" <JJelinek -at- PLYMOUTHWATER -dot- COM>
Date: Thu, 22 Jan 1998 13:08:08 -0600

I'm not sure this is appropriate, but I thought a group of tech writers
(as obsessed with rules as we are;>) might have some knowledge of this
subject.

Scenario 1: A small company has been using a name, but has not
registered it as a trademark. Another company (in a different, unrelated
industry) decides to adopt that name for itself and trademark it. Does
the first company (which has been using the name longer) have any first
rights to the name? Does the first company even care, since the second
company is not in any way, shape, or form a competitor?

And a related question: If a company has trademarked a name, could it be
re-trademarked by another company in a different industry (provided they
use different logos). Example: Yatta Yatta Food Products and Yatta Yatta
Technologies.

Any advice would be greatly appreciated.

(And so goes another day in the wacky world of MarCom...)
________________________________________________________________________
___
Jennifer Jelinek
Marketing Services Manager
Plymouth Products, Inc. Sheboygan, WI
jjelinek -at- plymouthwater -dot- com




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