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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4782
Experience:  Experienced in both state and federal court.
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I am getting ready to start a business (Hearing Aid Practice).

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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.

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!

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