I am starting a very small home daycare and wanted to name it a certain name. A business that runs a nanny service has a business name starting with the same name as mine but not the same words following it.Example:" Happy Smiles" to "Happy baby Care" Can I still name my business starting with Happy!?
2007-04-28 06:39:38 · 5 answers · asked by SeLaVi23 2 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?
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!
2007-04-30 05:36:42 · answer #1 · answered by TM Express™ 7 · 0⤊ 0⤋
Is the name that you wish to use is also the same type of business? Have you consider creating a unique name of you own? In the long run you might be better off having, and creating your own name. Just like the people that now has the name you want to use would, and can be affected by you using a similar name, it can also be a bad omen for you when your business get larger and they associated your business with the other. Think about it, and do a search trade name to make sure it is not registerd as well.
2007-04-28 07:26:57 · answer #2 · answered by Gumersindo V 2 · 0⤊ 0⤋
this is not any longer a Democratic-purely push. Republicans have been in mattress with massive agribusiness for years. And rather, the arduous regulations this places on farmers is purely an extension of the can of worms the Patriot Act unfolded -- 24-hour GPS monitoring of animals, easements on farmers' assets to permit for warrantless government get admission to, doing away with their assets rights ... sound like some thing that no one as quickly as cared approximately simply by fact "it will in no way take place to me"? this is a means pass via agencies like Monsanto to push greater genetically changed food on American customers and to enhance their stranglehold on the farming industry even extra. i'd feel embarrassment approximately Obama if he does not veto this. i'd feel embarrassment approximately the Congress in the event that they bypass it contained in the 1st place. humorous ... all of those alleged "socialist" international locations in Europe have taken steps to maintain GMO food out of the industry and shield kin farmers. right here contained in the u . s . a ., we are doing purely the choice. Does every physique rather think of the FDA desires yet another branch? isn't it obtrusive that the FDA is already a failure? Why compound the failure? Oh, btw, the invoice does not restrict you from becoming a backyard. i do no longer understand the place to procure that concept.
2016-10-04 01:19:54 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Absolutly yes, by the example that you gave. A full business name that can refer to another business can be argued. But with your example there are many differences.
You can search for 'ficticous names' (every state has different web addy, so I can't supply you with this) in your state. You choose the name you want and they will show you all names that are simular. Once you chose and pay for your name to be registered. No one can use this name. If someone has something simular that you believe will take your business than you can make them change.
You can search ficticous names on your own if you choose. If you are in florida it is sunbiz.org but if you are in a different state, you will need to search for this site
2007-04-28 07:01:24 · answer #4 · answered by Michael P 2 · 0⤊ 0⤋
If it had been Ford Baby Care or Pepsi Baby Care i might have said no, but you should be fine.
2007-04-28 07:22:31 · answer #5 · answered by crphoto666 2 · 0⤊ 0⤋