Hello, my company name, ( minus the ,Inc ) matches a trademark from another company.The trademark is for a very specific produc which is miles apart from what my company is doing. There is no way to confuse both.Can I still register my company name as a trademark ?Also, it is not the case that I am going to usre my company name for product names.My concern is just for my company web site.I have the domain name but I want to be sure I can use my company name on my website.I would like also to register a logo with this name ( without ,Inc ) . Is it possible in this case ?I guess these are 3 questions in one shot ..:)Thanks.
State/Country relating to question: California
Can I still register my company name as a trademark ?A: It depends on how famous your competitor's mark is. For example: you could not trademark "CocaCola" in connection with shoes or motor vehicles, because the name is XXXXX XXXXX that it cannot be used by any other owner, no matter the intended product. But, a name that is not well known could be registered by more than one business to sell different products. So, there is no definitive answer here. You would have to apply and see if the trademark is accepted or rejected.Also, it is not the case that I am going to use my company name for product names.My concern is just for my company web site.A: A trademark must be used "in the stream of commerce," or it is abandoned. If you are marketing something through your website (e.g., products, services, charitable fund raising, etc.), then that would be sufficient. But, you can't just trademark a name to keep it your own, without any commercial purpose.I would like also to register a logo with this name ( without ,Inc ) . Is it possible in this case ?A: Absolutely yes.Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
Very clear answers.
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).