What would I call it in legel terms? I have had the same buss. name now for going on ~20 years~Now this a_ _ is usingreal close to the same name . I am reg. with the IRS, and copyright laws,There must be something { I can do about this }? I thought about calling a Law office to ask a couple? Of them?
I'm just not shur what you would call it. I would be nice to know what you would call it. before going to talk with a law office. I life in Indiana. if that would be a help at all. any ideals would be very mush needed on my side.
Thanks in advance. Hope you all are having a great day!
2006-07-27 07:02:07 · 8 answers · asked by Nancy D 2 in Business & Finance ➔ Small Business
You're dealing with a trademark issue here.
Determining if marks infringe can be tricky and each situation varies from another.
The general rules to keep in mind are:
1) Are the names similar in Sound, Appearance or Meaning?
2) Are the industries the same or similar to one another?
3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?
4) Do the trade areas cross? What about the advertising routes -- are the products/services advertised in common places?
Here's what the USPTO has to say about this matter:
"The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:
the similarity of the marks; and
the commercial relationship between the goods and/or services listed in the application.
To find a conflict, the marks do not have to be identical, and the goods and/or services do not have to be the same. It may be enough that the marks are similar and the goods and/or services related."
It's best to contact a private search company or a trademark attorney to assist you in determining if this will be a problem or not.
Hope that helps! I wish you much success & happiness in all your ventures!
2006-07-27 07:08:41 · answer #1 · answered by TM Express™ 7 · 0⤊ 0⤋
You need to contact the county clerk. (where you got your DBA and business license) They do the searches to make sure that businesses in the same area are not utilizing pre-existing or trademarked names. If both of you have a similar name but it is a common term then you may not have much of a case. You can get a cease and desist filed if the name is a either deemed as your trademark by use or if you actually have a filed a trademark. If you can prove that the name they are using may be lead to believe that they are connected to you and be in essence using your name to bring people in then you have a case. If the name is something like Bob's TV Repair and the other company may have Bob's Appliance and his name is Bob you may have a tougher case on your hands.
Start with notifying the county clerk then if nothing is resolved (they may be under the radar) then call a trademark attorney. It may cost you a bit but if you are loosing business it is cheaper in the long run.
Good Luck!
2006-07-27 09:10:53 · answer #2 · answered by Max B 3 · 0⤊ 0⤋
I don't know about legal matters but I thought this may cheer you up a bit.
There is a glass company called Lessners Glass and a while back another glass company moved in just down the road and they called themselves Less's Glass. They were trying to use the name to confuse people sort of to eat off the others reputation.
Lessners Glass made the best slogan
Lessner's Glass, don't settle for Less!
2006-07-27 07:08:16 · answer #3 · answered by sissyfyia 3 · 0⤊ 0⤋
That's weird. Is the other business even legal? I opened my own business before, and I was not aloud to use the same name as anyone else. I had to change the name of my business several times before I was allowed to get bonded. That was in Florida though. I think you need to check with the law about this.
2006-07-27 07:09:01 · answer #4 · answered by Anonymous · 0⤊ 0⤋
As long as your name is trademarked an registered with the copyright office you can have an attorney send them cease and desist letters. If they continue to use the name you can sue them for copyright infringment.
2006-07-27 07:06:32 · answer #5 · answered by Anonymous · 0⤊ 0⤋
See? I advised you which you have been judging human beings on your different post approximately this. You come back what you deliver out. supply up judging human beings and supply up thinking each and every thing happening is evil. it quite is not. everybody is in simple terms ignorant or pronounced in co-dependant families and function specific behaviors. I take psychological ailment heavily and actually, you sound very paranoid whilst everybody is in simple terms traumatic and desirous to make you sense happy. additionally, you sound such as you're knowledgeable. Why do not you wreck up your writing into paragraphs so as that greater human beings might certainly examine all of it. human beings do not desire to verify one extensive paragraph.
2016-12-10 15:46:52 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If it is not exactly the same as you there is nothing you can do. It would have to be down to the letter. If there are minor differences then they don't have the same name as you.
2006-07-27 07:06:46 · answer #7 · answered by ? 6 · 0⤊ 0⤋
its franchising and be pratical agent
2006-07-27 07:05:59 · answer #8 · answered by Anonymous · 0⤊ 0⤋