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Hello, my company name, ( minus the ,Inc ) matches a trademark from another company. Th

 
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  • Answered by:socrateaser
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Customer Question

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.

 

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State/Country relating to question: California

Submitted: 303 days and 4 hours ago.
Category: Intellectual Property Law
Value: $30
Status: CLOSED

Accepted Answer

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Expert:  socrateaser replied 303 days and 3 hours ago.

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.

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Expert TypeLawyer
Category: Intellectual Property Law
Pos. Feedback: 98.6 %
Accepts: 628
Answered: 6/11/2012

Experience: Retired (mostly)

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Customer replied 303 days and 3 hours ago.

Very clear answers.

Thanks!

 
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