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Trademark for "Turbo Game Engine"

Josh

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About six months ago I filed a trademark for the term "Turbo Game Engine". Today I heard back from the US Trademarks Office.

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Good afternoon,

I am the examining attorney assigned to the above-referenced file.  There are issues preventing the application from being approved, but with your authorization, these can be resolved by email.

Specifically, a disclaimer of the descriptive wording “GAME ENGINE” is required.

As you may be aware, a disclaimer does not change the mark itself, but merely adds the following statement to the application record:

No claim is made to the exclusive right to “GAME ENGINE” apart from the mark as shown” (emphasis added).

With your authorization, I would be happy to enter the suggested change for you today so that the application may proceed without undue delay and costs.   

If you would like me to make this change for you today to avoid a refusal of registration, just reply to this email with "OK." 

Thank you so much for your prompt cooperation!

I sent the requested reply. So it looks like we will get a trademark for the name "Turbo Game Engine" which means no one else can legally use it. 👍

This was the whole point of me announcing the name and putting it up for sale as a commercial product six months ago.

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So what exactly does the trademark in this case entitle? Others are not allowed to use the word 'turbo' when they make something similar like a game engine? 

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"Turbo" is a word.

"Turbo Game Engine" is a registered trademark of Leadwerks Software 2018

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The trademark ensures only we can use this name, and names that are so similar as to cause confusion are also not allowed:
https://en.wikipedia.org/wiki/Confusing_similarity

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Where mark X is not identical to a registered trademark, the use of mark X may still amount to an infringement if it is "confusingly similar" to the registered trademark. Mark X may share elements of spelling or style that would lead a reasonable observer to believe the trademarks were related.

For example, in the computer industry, Microsoft has become such a well known trade name and trade mark that other businesses in the industry may want to use the term "micro" or "soft" in their names. As Microsoft generally does not hold exclusive rights in these terms, it would need to establish that any trade names or trademarks which include these terms is confusingly similar to "Microsoft". The reputation attaching to a trademark is also significant, such that "Microsafe" or "Micro Software", although clearly not identical, could potentially be confusingly similar and amount to an infringement.

In addition, the style of a trade mark, such as a logo or font, can become relevant. For example, Microsoft products are distinguished in the marketplace by a consistent font. Competitors may not use the same font on their product, particularly when using a name which would not be confusingly similar except for the use of the font. For example, a brand called "Microsystems" would most likely not be confused with Microsoft. However if Microsystems used the same font as Microsoft, it would be confusingly similar. Some styles, like the script used on Coca-Cola products, are so well known that even a completely different name in a similar script could be held to be confusingly similar.

Cases of this type can be proven by using surveys which show that members of the public who are likely to use the services or goods protected by the trade mark have been confused by it. However, courts can also take judicial notice that an infringing mark is confusingly similar if it is obvious to even a casual observer.

 

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