How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Chris T., JD Your Own Question

Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3917
Experience:  Experienced in both state and federal court.
45002201
Type Your Legal Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

I am getting ready to start a business (Hearing Aid Practice).

Customer Question

I am getting ready to start a business (Hearing Aid Practice). I am planning on naming the business "Hearing Matters". I have recently found out that a manufacturer of hearing aids uses "Hearing Matters" as a slogan. My question is sense I am not a manufacturer of hearing aids and just a clinic selling them, can I still name my practice "Hearing Matters"? I call the Secretary of State in Texas and that name is XXXXX XXXXX used as a business name in my state, and I would think if I couldn't use it they would not allow me to use it if it was trademark infringement.
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

Chris T., JD :

Good morning. I'll be assisting you with your question.

Customer:

Thank you

Chris T., JD :

Do you know if the slogan is trademarked?

Customer:

then I searched the trademark data base it was "live"

Customer:

The website to the manufacturer is www.unitron.com

Chris T., JD :

OK. Let me take a look.

Chris T., JD :

Could you describe your businss and how far your plan to reach with your business? Will it just be local? On the internet?

Customer:

I have purchased a website domain www.hearingmatters2us.com. It is a local business in Houston Texas, at most I will have 2 practices.

Customer:

We sell hearing instrument to the hearing impaired and service them as qwell

Chris T., JD :

OK. Let me look at a few things.

Customer:

if you see on there website Unitron is "TM" but not "Hearing Matters"

Chris T., JD :

A slogan does not have to be trademrked specifically to get the protections of trademark law. Here is the issue: a person's trademark (whether they've applied for one or not) protects them against having their product or service confused with other products or services.

Customer:

So, I can not use it?

Chris T., JD :

Here, they could argue that you using their slogan as your business name may cause customers to (wrongfully) confuse you with them, or give the false impression that your business is officially associated with their product.

Chris T., JD :

I think it is risky to use that name. You subject yourself to litigation, which, win or lose, can be very expensive.

Customer:

Can I use "Hearing Matters 2 Us"?

Customer:

I was planning on selling Unitron's product line as well

Chris T., JD :

I think it is risky. Without actually taking on the case and looking at all the facts and cirsumstances, I couldn't say. It would be unfair to you for me to give you an ultimate opinion without all the necessary information. What I can tell you is that using that name is XXXXX XXXXX could lead to litigation that you stand a good chance of losing. If you can use another name without serious concequences, I would, to be on the safe side.

Customer:

THank you

Chris T., JD :

Glad to help.

Customer:

Have a blessed day!

Chris T., JD :

If there isn't anything else I can do for you, please remember to "Rate" my answer before you go.

Customer:

Will do!

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3917
Experience: Experienced in both state and federal court.
Chris T., JD and 17 other Legal Specialists are ready to help you
Expert:  Chris T., JD replied 1 year ago.
Thanks for the positive rating! If you have any questions in the future, you can direct them to me here. Also, you may receive a survey in the near future asking questions about my service. If you have a few moments, please complete it. Hopefully, you've been fully satisfied with my assistance. If not, please let me know.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Chris T., JD
Chris T., JD
Lawyer
1865 Satisfied Customers
Experienced in both state and federal court.