If I have a word trademarked, can someone else use the same trademark with ‘The” in front of it if I haven’t registered the word “The” as part of my trademark?
There are three main infringement offences of trademarks.
They are:
Using the same mark for the same products or services: This happens when someone uses an exact copy of a registered trademark (the special logo or name that identifies a product or service) for the same type of product or service it was originally registered for. This is not allowed because it's essentially trying to pass off their goods or services as if they're from the original brand.
Using the mark in a way that could confuse people: This refers to cases where someone uses a logo or name that's very similar to a registered trademark. If it's similar enough to make people likely to confuse their goods or services with those of the original brand, then that's also not allowed.
Using a mark that's well-known: If someone uses a well-known or famous trademark to sell their products or services, even if they're not the same or similar to those for which the trademark is registered, it's considered unfair. This is because people may be led to believe, incorrectly, that there's some connection between their goods or services and the famous brand.
In this case, if adding a THE in front of a registered trademark would cause confusion in the marketplace, then it would be an infringement of that trademark.
© Suzanne Dibble 2013-2023
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