SA Does a Trademark Protect Individual Words?

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rhapsody rue

Well-Known Member
11 September 2014
24
5
149
Hello,

Friends have registered a business name as 'Blank Charcoal Chickens' . They were written to by an interstate business, who threatened legal action over the word 'blank'. On checking, I see that the interstate business have trademarked 'Blankety Blank' along with a logo.

My friends have only the ' Blank'. Apart from that, they have introduced two new words being 'charcoal chickens'. The business types are of similar nature.

Where do they stand? Does trademark protect blank and blankety as a combination only? And are they protected individually as well?
 

Leonard Mancini

Lawyer
LawTap Verified
4 August 2016
47
18
189
Gold Coast
lawtap.com
Have you more details? Your friend might be OK if the goods/services they sell are unrelated to the registered goods/services. I can't find any TM's registered for BLANKETY BLANK. There are a few for BLANKETY BLANKS but they are old and owned by Reg Grundy/Freemantle Media. Do you have a TM registration that was quoted by them?

In any case the test will be whether the two marks are deceptively similar. Descriptive words get downplayed in the analysis. So it will help to know what are the two businesses supplying to the marketplace.

Happy to help out if you can get more info.
 

rhapsody rue

Well-Known Member
11 September 2014
24
5
149
Lol Not Blankety Blanks, I used that for privacy reasons. The registered trademark comprises of two words, which in another language means paradise. My friend's business name incidentally contains one of these words, although her full business name includes two others.

Yes, unfortunately they are similar business, but in different states.
 

rhapsody rue

Well-Known Member
11 September 2014
24
5
149
I suppose there is no harm in telling you the actual name. Registered trademark is 'el jannah' w8th logo. Friends business name is jannah charcoal chickens. Ta