Good morning. I'll be assisting you with your question.
Do you know if the slogan is trademarked?
then I searched the trademark data base it was "live"
The website to the manufacturer is www.unitron.com
OK. Let me take a look.
Could you describe your businss and how far your plan to reach with your business? Will it just be local? On the internet?
I have purchased a website domain www.hearingmatters2us.com. It is a local business in Houston Texas, at most I will have 2 practices.
We sell hearing instrument to the hearing impaired and service them as qwell
OK. Let me look at a few things.
if you see on there website Unitron is "TM" but not "Hearing Matters"
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.
So, I can not use it?
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.
I think it is risky to use that name. You subject yourself to litigation, which, win or lose, can be very expensive.
Can I use "Hearing Matters 2 Us"?
I was planning on selling Unitron's product line as well
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.
Glad to help.
Have a blessed day!
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