How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Esquire38 Your Own Question

Esquire38
Esquire38, Attorney
Category: Business Law
Satisfied Customers: 133
Experience:  I have extensive experience in private practice with corporate and general business law.
Type Your Business Law Question Here...
Esquire38 is online now
A new question is answered every 9 seconds

I would like to name my business

Resolved Question:

I would like to name my business xxx and use the initials "xxx" in my corporate identity. When I searched the USPTO tradmarks there is only one advertising/marketing-related entry for xxx (there are many others outside of this category, ie. automotive, etc.). Here is the abstract: xxx ADVERTISING Goods and Services IC 035. US 100 101 102. G & S: Branding services, namely, consulting, development and management of brands for businesses. FIRST USE: 20110419. FIRST USE IN COMMERCE: 20110419 Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Search Code 26.01.03 - Circles, incomplete (more than semi-circles); Incomplete circles (more than semi-circles) 26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved Serial Number 85680803 Filing Date July 18, 2012 Current Basis 1A Original Filing Basis 1A Published for Opposition February 19, 2013 Owner (APPLICANT) xxx Advertising, Inc. CORPORATION xxx Attorney of Record xxx Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ADVERTISING" APART FROM THE MARK AS SHOWN Description of Mark Color is not claimed as a feature of the mark. The mark consists of the letters "xxx" sitting above the word "ADVERTISING" both within a ciruclar design. Type of Mark SERVICE MARK Register PRINCIPAL Live/Dead Indicator LIVE Can I use xxx as my business name and be safe?

Submitted: 1 year ago.
Category: Business Law
Expert:  Esquire38 replied 1 year ago.

Thank you for asking your question today, I will be glad to assist you. This one is a touchy issue because the registered owner of the TM most likely does business all over the country, and since your business is in the same category as that mark, it could be very risky for you to use it. The hardest thing about this is that you could spend years, and lots of money building out the name of your company, and then end up slammed with a cease and desist. You could choose not to comply, but I assure you that for the right amount of money, the TM owner could sue you and most likely win. I would not advise using this as your business entity because they could argue that it is confusingly similar to their mark. Simply, it's not worth it. I recommend playing around with the business name a little bit. Perhaps xxx, xxx, just to give an example. Always check USPTO before investing money in creating and building an entity. My opinion is that this would be a very bad idea. I have registered dozens of marks, and mediated even more complaints in this area and it's best to come up with something that doesn't conflict with another business. I hope I was able to help you today. I would appreciate a positive rating so that I receive feedback for helping. If you have anymore questions, please let me know. Thanks.

Customer: replied 1 year ago.
Thank you, ***** ***** my suspicions. I will continue to play around with variations that do not conflict with obvious trademarks in the marketing space.
Expert:  Esquire38 replied 1 year ago.
No problem at all. If you need anything else in the future, please let me know. Also, don't forget to hit "accept", and leave a rating so that I get feedback for my answer.
Thanks again.
Esquire38, Attorney
Category: Business Law
Satisfied Customers: 133
Experience: I have extensive experience in private practice with corporate and general business law.
Esquire38 and 3 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA