Here is another sampling of some recent registrations our clients have received from the USPTO, so readers can see real examples of brands and marks which are being protected. (These are all public records – click on trademark name or logo to view USPTO records.)

• MEDEX PACK – Paper box packaging used for dispensing labeled plastic film pouches containing pills and pharmaceuticals
• MEDEX PACK Logo – Paper box packaging used for dispensing labeled plastic film pouches containing pills and pharmaceuticals

• THE PATH TO CHANGE BEGINS AT YOUR DOOR – Educational services, namely, conducting informal programs in the fields of sustainable living, organic foods and gardening, homesteading, the environment, and conservation, using on-line activities and interactive exhibits; entertainment services, namely, providing a web site featuring photographic, audio and video featuring sustainable living, organic foods and gardening, homesteading, the environment, and conservation; on-line journals, namely, blogs featuring sustainable living, organic foods and gardening, homesteading, the environment, and conservation
• CARDIACT – Medical diagnostic testing and reporting services; analysis of questionnaires on health issues for others
• 5 HONORS logo – Clothing and apparel, namely, shirts and underwear

• SI COMPONENTS – Downloadable computer software for design and development of multi-lingual software, namely, software authoring tools, software development tools, editors, compilers, and libraries; Downloadable computer software for managing, enhancing, and speeding up software design tasks
• SMART DIARY – Computer software and downloadable software featuring calendar management and organization, personal information management, schedule and task management, and health and nutrition information and management
• WE EQUATE OUR SUCCESS BY YOUR RECOVERY – General construction contracting; disaster recovery services in the nature of building construction, repair and renovation consultation; structural building repair services; restoration in the field of buildings; building demolition and debris removal; cleaning services in the field of water damage restoration of buildings, namely, water removal and drying; restoration in the field of paper documents

So far in 2009, more than 145 registrations have been received by our clients!

While a trademark gives some exclusive rights to a name (or logo) for use with a product or service, this does not mean that trademarks cannot overlap or that companies can never use the same name.  Example:  DELTA airlines and DELTA faucets (see also earlier post regarding PHILLIES baseball and cigars).

I did a quick search for brand names using “Pelton” (admittedly, trademarks containing a surname are not as strong as a coined or arbitrary name and are treated differently under the law), and found quite a few!

• Pelton & Crane – dental lights – http://www.pelton.net/lights.html
• Stephen Pelton Dance – http://stephenpeltondance.org/
• The Pelton Vanners – gypsy horses – http://www.gypsyvanner.net/
• Pelton House Bed & Breakfast – http://www.peltonhouse.com/
• Pelton Shepherd Industries – ice business – http://www.peltonshepherd.com/
• Pelton Environmental Products, Inc. – http://www.peltonenv.com/
• Pelton Crossing – housing development – http://www.peltoncrossing.com/news.html
• Pelton’s Party Rental & Sales – http://www.peltonsparty.com/
• Erik M. Pelton & Associates, PLLC – legal services – http://www.erikpelton.com
• iPelton – this blog – http://ipelton.wordpress.com

Notice that each of these in the list has additional wording to help distinguish them or help describe the product/services offered.  And each of the services provided is quite different from the others.  If one was a bed & breakfast and another was a hotel, or one was for toy product and one was for a toy store, they might be more likely to be confused.

It is possible for trademark words to co-exist or overlap, particularly when the name is “crowded” (used by several others) or the term is combined with other wording.  Of course, every situation is unique and if you have a question about using or protecting a particular brand name you should consult an attorney.

Did you know that I am available to speak to industry groups, associations, or conferences about the value of trademark and copyright protection? For example, I have spoken to the Software Industry Conference and I will be speaking in January at the Real Estate Stagers Association’s conference (http://www.stagingconference.com/) in Las Vegas. These presentations are a great way to provide information to business owners who may not realize the role and the value intellectual property provides to their business, and may not have taken steps to leverage and protect that value.

If you are interested in me speaking to your group, email me at emp (at) tm4smallbiz.com.