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How can I trademark name?

How can I found out if a company will file a lawsuit against me if I use the same name/trademark?

  • Basically, I am starting a business and there are two companies that already have the name that I want to use. One company explicity states that their name is a registered trademark on their site. I am sure that the other company does too. One company is a Dutch IT firm and the other is an international nightclub with locations in St. Barth's, New York City and the Hamptons. My company will be in a completely distinct and different industry. What I want to know is, can i register my company (as an official trademark) using the same name given that it is in a different industry. Is there a good chance that they will try to sue me if they find out about my company name? I am more worried about the nightclub than the IT people but both pose a threat clearly.

  • Answer:

    You won't know until it happens. Or unless you ask them, which you probably may not want to do since they would likely say no, or ask you for money. There is a slight chance they would say yes, but probably small. If they never hear of you then probably nothing will happen. I was at a place that was sued for using the same name (or they sued another company), I forget which. Eventually there was some "agreement" about what each company could do, but only after lots of legal talk and paperwork. Interestingly enough, a much larger multi-billion dollar company has the same name, but obviously wouldn't care about these "tiny" companies in another industry.

Jihanemo at Yahoo! Answers Visit the source

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Only one way to find out, but if you are worried maybe better not to?

netthiefx

Think of it this way. General Motors makes cars. But someone, who makes motors for lawnmowers, used the name. How long would it take? Not to mention you could not trademark the name since it is used.

Natural Medicine Man

You can modify your name or trademark so it will be different from the one that is already out. But if you know don't want to do that, and you still went ahead and use the trademark, then you became guilty. Like getting a domain, they will let you know if it is still legal or not to use other same trademark. So it is really a crime, if you insist on it. I don't think you can register if the same trademark, no matter what kind of businesses are they because of this conflict that may arise.

yahoooo!

You should check out the US PTO for answers to your questions: http://www.uspto.gov/main/trademarks.htm

what the heck?

Not a lawyer, not a copy-right lawyer either. that said...I think you can have a business with the same name as long as it is not the same type of business. if the other companies found out, they could send you a letter from their lawyer telling you to stop using the name or they will sue. I don't think most companies would just "go after you". Again - not a lawyer.

redhawgs

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