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QUESTION: A country band trademarked a name out East that does not perform anymore. A rock band in the West has become more popular now and has been sent a letter demanding they change the name. If you add an exclamation mark at the end of the name, is that enough? (I understand the the band “Fun!” added the exclamation mark because someone trademarked the name “Fun” but don’t know if that is true). If you add one word to make it different, like ‘The Who”, vs “Guess Who”, or has the laws changed since then?

ANSWER: Adding an exclamation point or adding one word will likely not be enough to enable you to obtain a trademark registration or avoid trademark infringement.

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