And the other business's name is not trademarked? Can I still use the name?
2007-03-28 18:29:08 · 5 answers · asked by jeremy.rmiller 1 in Business & Finance ➔ Small Business
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?
A name need NOT be trademarked to retain their rights to the name. Most companies operate on first use/Common-Law rights to the name, which is restricted to trade area.
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!
2007-03-29 04:48:38 · answer #1 · answered by TM Express™ 7 · 0⤊ 0⤋
I do not think that you can have the same business name as someone else.. For example if the name you wanted to use was John Does construction you would have to change it a little by maybe putting a Ltd. at the end of it.
this is some government thing with the gst number or something like that. The safest bet is to talk to your accountant or some professional that would know
2007-03-28 18:39:38 · answer #2 · answered by valjordan1112 2 · 0⤊ 0⤋
If it's not trademarked then I think it's fair game... But I'm not positive...
You should ask someone who has knowledge in the field because different staes/areas might have different rules.
2007-03-28 18:42:47 · answer #3 · answered by itskatyo 3 · 0⤊ 0⤋
you must file for a ficticious name , otherwise you are subjected to a lawsuit. In Pa the cost to file is $70.00
2007-03-28 18:37:18 · answer #4 · answered by Skull 5 · 0⤊ 0⤋
Yes as long as its not registered in any way
2007-03-28 18:35:43 · answer #5 · answered by wilster 4 · 0⤊ 0⤋