Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
You should be contacting the attorney who did the search and requst the interpretation from him or her. It's not possible to adequately respond to your question based on the little bit of information you provided.
The question is whether or not it could create confusion in the mind of the consumer. I think you can trademark yours and see if the other company challenges you. They may, but "would salve" is pretty generic (as opposed to say, "Drink Coca-Cola".
I am not a trademark/intellectual property expert. Do you have something in writing from LegalZoom with their attorney's opinion? If so, you can rely on that.
The thing is, no attorney can ever promise that no one will sue you. Anyone can sue anyone else for anything. The question is whether they'd win, and no one has a crystal ball.
But if LegalZoom gave you a written opinion that you're on safe ground, you can rely on that to move to the next step.
There are attorneys and law firms all across the country that specialize in intellectual property law. There is also some helpful information available on the internet if you just do a google search.
I hope that helps. Thanks, Merry
I'll try to find you someone right away.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).