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?
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.
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