[E-trademarks] When the full search shows a mark on product that might or might not be shipped into the U.S.

[Edward Timberlake]

Perhaps it would make sense to advise your client that JESSIE may not be as
distinctive as a source-indicator for pencils as originally hoped, and the
Lanham Act really wants marks to be more distinctive :)


Sincerely,

Ed Timberlake
*Board Certified Specialist in Trademark Law
<https://www.nclawspecialists.gov/for-the-public/find-a-board-certified-specialist/results/detail/?id=29473>*

*Timberlake Law* <http://timberlakelaw.com/>
Chapel Hill, NC

Schedule a call on Clarity <https://clarity.fm/edtimberlake>
ed at timberlakelaw.com
919.960.1950








On Fri, Nov 10, 2023 at 11:56 AM Jessica R. Friedman via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> I’m reviewing a full search for mark [JESSIE] for [pens and pencils]. The
> search report turned up some links to sites of foreign companies that show
> JESSI (NO “E”) used on a single pencil product, manufactured by X. It looks
> like I can order that pencil on one of those foreign sites and get it
> shipped to the U.S. I can’t find this product online anywhere except on
> those few foreign sites.
>
>
>
> Do these facts give rise to any inference that X is using JESSI in the
> U.S. for pencils?
>
>
>
> More to the point, should I advise my client that she cannot use or apply
> to register JESSIE in the U.S. for pencils?
>
>
>
> Jessica R. Friedman
>
> Attorney at Law
>
> 300 East 59 Street, Ste. 2406
>
> New York, NY 10022
>
> Phone: 212-220-0900
>
> Cell: 917-647-1884
>
> E-mail: *jrfriedman at litproplaw.com <jrfriedman at litproplaw.com>*
>
> URL: *www.literarypropertylaw.com <http://www.literarypropertylaw.com>*
>
>
>
> [image: 1479430908386_PastedImage]
>
>
>
>
> --
> E-trademarks mailing list
> E-trademarks at oppedahl-lists.com
> http://oppedahl-lists.com/mailman/listinfo/e-trademarks_oppedahl-lists.com
>
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