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I am currently setting up a group and although I am using a similar name it is by no means the same or associated with another group that I have found out the name is patent pending for and they'd prefer I didn't use it. (I have done a bit of research) But I really like the name and I am reluctant to change it.What are the implications of this? Am I still able to use what name I want or do I get too close to the fire and possible legal wrangles?
I reinforce that I am not associated with them, nor in competition with them or even located near them, but they are an expanding business although I don't think they will ever come to my neck of the woods. I don't intend to register as a business - all I am doing is fun for parents and children along with parent support.
Be glad of any help I can get and apologies if I have made myself as clear as mud!

2007-03-05 06:08:59 · 4 answers · asked by wee stoater 4 in Entertainment & Music Other - Entertainment

4 answers

I may be misunderstanding your question, but patents are for actual things, not names. I believe you are referring to a trademark (and/or copyright). You can be sued for trademark infringement, but you would have to be marketing your group or product. You are probably being pressured because a lot of businesses have started off small and local, but wind up catching on, and before you know it, the similarities between your business and somebody else's can be confusing. You should be able to find all the information you need on the United States Patent and Trademark Office website: www.uspto.gov
Good Luck

2007-03-05 06:20:17 · answer #1 · answered by Pretending To Work 5 · 0 0

The patent would cover the product or process..not the name. The name would be a trademark. If the trademark has not been registered for the category that you are working in..you should be OK. Check the trademark office for the name http://tess2.uspto.gov/bin/gate.exe?f=tess&state=c5hunk.1.1

If it is registered do not use it..

2007-03-05 06:20:47 · answer #2 · answered by worldsource19 3 · 0 0

Patent Pending means that they have applied and are awaiting exclusive rights to the name that they have taken. If your name is so similar as to be confused, with theirs, you could have a legal problem. If you offer a service that is in conflict with theirs, or can misconstrued so as to be thought of as theirs, then you may be sued. I'd suggest that you check with your attorney, and get a written legal opinion, prior to going any further.

2007-03-05 06:20:31 · answer #3 · answered by Beau R 7 · 0 1

I think as long as your group does not do similuar things you should be ok....good luck...

2007-03-05 06:13:16 · answer #4 · answered by big_yin74 1 · 0 1

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