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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 111492
Experience:  Attorney practicing all aspects of copyright/trademark law
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I'm planning to name a product (tech and art) but searching

Customer Question

I'm planning to name a product (tech and art) but searching on the internet there is a product named with the same name and in the same city but they do something different (they sell tickets for events, like concerts).
Can I use the product name I chose?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, if someone else is using the same name, you are going to be made to cease and desist, since they will argue there is a likelihood of confusion with their name and also that their name has goodwill built up in commerce and you would be playing off of that name. You really will need to get a new name I am afraid.
Customer: replied 1 year ago.

What about this?

For example the domain names are ***** ***** the product name are the same





http://www.discoinc.com/
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

All that means is the developers have not registered their trademarks and also the name of the product is a common term "Disco." So they have not policed their rights to their mark.
Customer: replied 12 months ago.

How can I know if I trademark is registered?

So I can name my product with a common term? For example my product's (tech related) name could be "jump" and the domain name jumphard.com?

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your reply.

You can check trademarks in the trademark database at http://www.uspto.gov

You can name your product anything you like that someone else is not using.

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