About trademarks... Can I use the same name of a company but for a different type of company?

Question

I know that this is a simple question, but I really couldn't find it anywhere. I looked up the name I wanted to use for my business on the uspto website, and it was taken, BUT it was for a different TYPE of company (selling something different than I am). So can I try to trademark it? Be honest and be nice, please. Thanks! :)

Answer 1

A decade ago, McDonald's (hamburger crowd) sued several smaller restaurants to change their name if the name included McDonald or anything similar. They were successful in protecting their name image, even if the smaller restaurant happened to be owned by someone named McDonald.

That should answer your question about trademarks, and how ferociously they are protected.

Answer 2

I think you could find yourself in a sticky situation by doing that. Apple computers are still in a legal battle with the Beatles record company over the use of the apple logo...and their businesses are completely different.

Just because your business does something different doesn't mean you want to share your image and identity with someone else.

Answer 3

extremely once you're interior the comparable enterprise it may in all probability no longer finally end up properly so which you would be able to apply the call an present enterprise already has. regulation suits and copyright rules will come into play. on the different hand, because of the fact you're in basic terms employing 2 words, turn them around :) makes your brand in all probability nevertheless artwork and you get the two words in. no it is common to mistake a fictional Bookface for facebook, yet they the two artwork... in common terms a theory.

Answer 4

I doubt it--the trademark is to protect that image--regardless of the industry. I'm not a lawyer, but you need one who specializes in trademark law to help you research this.