Is the term "B.C. Fruit" trademarked by anyone? Is it ABLE to be trademarked?

Question

I want to sell B.C. cherries online, but I know there's a huge B.C. Fruit Packing Company. I think their trademark is BC Tree Fruit, but I don't know. Am I going to get swatted by a big company if I use the name "B.C. Fruit" in my business name or website name?

I should probably mention that "B.C." stands for "British Columbia" which is a province in western Canada.

The first answer is a really good one, but I need to clarify my question. I don't intend to try to brand this or mark this in any way. I just want to use a website with the words "b.c. fruit" in the domain name.

Answer 1

Linking to their trademark record on the USPTO is not going to work. That mark is actually cancelled (as of March 20, 1995) because the applicant failed to file a Section 8 Affidavit, which is basically a form telling the USPTO that they're still actively in business.

Is the company still in business? Are they using this name in Canada? The US? Where do you want to do business at? Do your trade areas cross over theirs?

Even though their trademark is cancelled, they may still have Common-Law rights to the name.

As far as whether you can file a domain name using B.C. Fruit, I STRONGLY recommend speaking to a trademark attorney first. You'll want to speak with someone well versed in trademark law AND knows all the details of your situation.

Save yourself some time & money spent with an attorney by compiling the following information first:

1) Their USPTO record: Go to http://tarr.uspto.gov and enter in Serial Number 73680987. The details of the filing will pop right up

2) Gather company information: Are they in business? If yes, find their web site, a brochure, advertising, etc. Where are they doing business at?

It's best to have all this info on hand; no need to pay someone else to compile the info for you.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

B. C. Tree Fruits is trademarked in the U.S. the registration is available here:
http://tess2.uspto.gov/bin/showfield?f=doc&state=h922cj.3.1
With regards to registering B.C. Fruit, if it is just descriptive of the product and the product's origin, it may not be possible to register it apart from as part of a logo or design. There is also the requirement that you cannot register a mark if there would be a likelihood of confusion between your mark and the mark of someone else. Given that there is already BC Tree Fruit out there, and they were required to disclaim the words "Tree Fruit," it could be a hard row to hoe to get registration of B.C. Fruit. In addition, they could potentially sue you for having a confusingly similar mark. Not that they would necessarily win, but infringement litigation is expensive regardless. Why not pick a different name so you can avoid these problems? The more fanciful your name is, the better in terms of ability to build brand recognition and in terms of strength of your trademark registration anyway.