Trademark term another company is using?

Discussion in 'Growing and Managing a Business' started by artworksgirl, Mar 24, 2015.

  1. artworksgirl

    artworksgirl
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    I'm interested in using a term for a product that is a portmanteau of two words.

    I googled it, and it turns out it's already used by a LLC as its company name. I searched it in the USPTO and there's no existing trademark for the term already. I looked at the website and it looks like there would be no competing business (besides the name). Would it be wise to leave this term alone or should I go ahead with trademarking it?
     
  2. Joseph.Shivell

    Joseph.Shivell
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    How long has the other company been using the name? Are they local or national? Is your business going to be national or local? I believe if you do decide to trademark it, you must be the first to use it, and/or have been using it for a period of time long enough so people automatically associate your business or product with the name.
     
  3. Kevin Peter

    Kevin Peter
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    If you think your business would gross all the lime light in the near future, then you are not supposed to use it! But yes, you can do some tweaks and make it unique.
     
  4. atlantisrocks

    atlantisrocks
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    Of course, legal actions against your use of an existing name can be initiated by the other LLC. This does not mean you would lose your right to use the name. But, you would need to be financially able to respond to a lawsuit.

    The name apparently is not trademarked. Even if it was trademarked we have the following situation:

    http://www.nolo.com/legal-encyclopedia/is-it-trademark-infringement indicates:

    "Trademark infringement is the unauthorized use of a trademark or service mark (or a substantially similar mark) on competing or related goods and services. The success of a lawsuit to stop the infringement turns on whether the defendant's use causes a likelihood of confusion in the average consumer."

    So an infringing use of trademarks must be with competitive products or service which would cause confusion for the public.

    Personally, I would shy away from using an existing name.
     
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