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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3106
Experience:  Experienced in intellectual property law
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This question is for a Trademark and/or Copyright

Customer Question

This question is for a Trademark and/or Copyright Lawyer...... I am starting a new small business, and found a name for my company. I live in Arizona, and noticed there is another company in Boston that has a copyright on a very similar name, but from what I can tell, not a Trademark on the name. The name is ***** ***** except I would have the word "The" at the beginning. I realize it's not that big of a difference, but I've been trying for months and months to find a business name I love, I was preparing to Trademark it after my research showed no conflict, but just discovered the other business! (oh - and their domain name does not match the company name, it is the name of the business owner - not sure if that matters. So - my question is, would a Trademark override a Copyright in this scenario? Thanks!!
Submitted: 10 months ago.
Category: Intellectual Property Law
Expert:  Kendell Kelly, Esq replied 10 months ago.

Hello, my name is Kendell! Happy to help! Please remember that this is a tool for information only, we cannot give you legal advice and thus cannot tell you what to do or not (since that is prohibited).This should not be considered a attorney-client relationship. Also, please reserve your feedback until we have fully answered your question -- I will stick with you until we do.

Expert:  Kendell Kelly, Esq replied 10 months ago.

First, you are correct, the addition of the word "the" does not change the mark for trademark sake. However, I do have one question - how is their copyright filed? A name alone would not generally be available for copyright protection. Instead, copyrights are fixed in form tangible things like photos, statues, etc.