Discussion:
What is the name of your state? MA
I would like to name a music project Inter Notes but after searching the title I found this name spelled InterNotes on a corporate bonds website with the registered mark afterwards. When I checked up on the registration of this name it is active and deals both with the Lotus corporation involving software of some kind and corporate bonds...... In the music world it would mean Between notes (dealing with music) but in corporate it can be like financial notes and Lotus Notes (computer)....I heard the Lotus corporation actively seeks people who infringe on their registered trademarks and they are relentless. In this situation the only difference between InterNotes is a space.. (in the registration name it is all caps....on their website they cap the I and the N.....my situation I wanted Inter Notes with the space between which is similar to the Latin phrase Inter Nos..... So, do they have total control over this usage down to two distinct seperated words?
Answer:
So, do they have total control over this usage down to two distinct seperated words? Not necessarily, but it is really not possible to give you a definitive answer based on the limited information you've given. Typically a trademark covers the mark itself, and any "confusingly similar" marks. "Internotes" and "Inter Notes" are probably close enough to be "confusingly similar" -- however, that's not all their is to trademark infringement. Because you are working in a different "space" than the other company, even confusingly similar marks may be okay, if the consumers of you products are unlikely to overlap with consumers of their products.
Your best bet is to talk with a local attorney who has experience in trademarks, who can review all of the relevant facts, and let them help you decide whether or not you are likely to get in trouble with your name.