Friday, August 1, 2014
How Do We Make Risk Analysis for Trademark?
protecting its marks (although it is also reasonable in its pursuits). The size and aggressiveness of the trademark owner is one of many factors in a risk analysis. Other important factors are the similarity of the marks and the similarity of the goods and services. As for the latter, Starbucks has three registrations for the mark in question and one of them is in your class (032) for "non-alcoholic drinks; soft drinks; energy drinks; fruit drinks and fruit juices; fruit drinks and soft drinks containing fruit juices ..." Although the house mark "Starbucks" precedes the term, the primary element of the mark is identical. We don't know whether you would prevail at the USPTO or in a court battle, but we assume that's not the risk you are concerned about ... it's about being dragged into a dispute with a major corporation at a time when you're launching your brand. Considering that, we think you made the right decision.