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Jane T (LLC)
Jane T (LLC), Attorney
Category: Business Law
Satisfied Customers: 8435
Experience:  Worked in corporation's law department; business formations, formalities, and other business matters
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I am starting a business and the product is an accessory ...

Resolved Question:

I am starting a business and the product is an accessory charm for "ugg" boots and the knock-offs. I want to call my company "Uggly Buddies" Am I allowed to use the name with this spelling of Ugly...2 g''s since it contains the name of another companywithin this spelling? I dont want to risk violating any trademark laws.
Submitted: 6 years ago.
Category: Business Law
Expert:  Jane T (LLC) replied 6 years ago.

DearCustomer

In general, a trademark claim may be filed by a party that holds a trademark on a brand name (such as "Ugg") either because another party is using the exact name they have a trademark on and/or another party is using a name or mark that can "confuse" or "mislead" the public into thinking that the item or product they are selling is manufactured by or associated with the party who owns the trademark.

You would need to have an attorney who works in intellectual property law or patent law review your designs and compare them to the 50+ trademark registrations owned by Ugg, which you can see by searching the US Patent and Trademark Office's online search (http://tess2.uspto.gov/bin/gate.exe?f=tess&state=bblnfu.1.1) to determine if the use is a direct violation, how easy it would be for consumers to be mislead or potentialy mislead, what the likelihood of a lawsuit would be, whether you can use the name, and whether you would need to make any changes to your design or name to allow you to use it and what those changes might be.

Jane T (LLC), Attorney
Category: Business Law
Satisfied Customers: 8435
Experience: Worked in corporation's law department; business formations, formalities, and other business matters
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