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I just purchased two domains in an effort to name my business:

proleadgroup.com and proleadinc.com. I...
I just purchased two domains in an effort to name my business: proleadgroup.com and proleadinc.com. I did a trademark search and did not come up with anything just "prolead" but after further search found Compass Proleads as a registered trademark. It would be in the same basic industry (website building, consulting, optimization). Would Prolead Group or ProLead Inc., be confused with Compass ProLeads? Compass ProLeads is not the name of the company but a product offered from that company. Again, I want to name my business ProLead Group.

Word Mark COMPASS PROLEADS
Goods and Services IC 035. US 100 101 102. G & S: Consulting services in the fields of internet marketing and website effectiveness. FIRST USE: 20090500. FIRST USE IN COMMERCE: 20090500
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77935515
Filing Date February 14, 2010
Current Basis 1A
Original Filing Basis 1A
Published for Opposition June 29, 2010
Registration Number(NNN) NNN-NNNN
Registration Date September 14, 2010
Owner (REGISTRANT) Compass Financial Partners, Inc. CORPORATION CALIFORNIA 240 Newport Center Drive #205 Newport Beach CALIFORNIA 92660
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Answered in 14 minutes by:
7/7/2013
CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10,244
Experience: I am a businesses law attorney, with experience advising and representing owners and investors.
Verified

Attorney William B. :

Dear Customer, thank you for choosing Just Answer, I would like to assist you with your legal question today.

Attorney William B. :

Trade name confusion is based on the likelihood of confusion between two names in the same industry and competing in the same market. For instance, there are likely to be many "Fred's Tire Shops" across the country, but so long as they are not doing business in the same general area, there is no confusion and no issue. However, if two names, such as "Sears" are used in the same industry (Department Stores), even if one is the generally recognized nationwide store, and the other a small town store, the second store will likely be forced to change its name.

Attorney William B. :

The issue is a question of fact, meaning each case may be different, but the fact that you have two internet domains purchase, I assume you have a corporation formed in the state of California under the name you identified, and are operating with the only confusion being a product offered by another company in a relatively small industry, a confusion is unlikely.

Attorney William B. :

The public policy basis for this is that there is a limited number of names available for people and entities to do business under. A business cannot create a monopoly over potential names in the field by simply creating products and claiming those names. Furthermore, the product name you identify is similar and not identical to the one you are proposing.

Attorney William B. :

I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!

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Customer reply replied 4 years ago


Is it worthwhile to trademark my business name if it is a consulting group business entity? i.e. it will not be a consumer brand. Or will my incorporation and going concern as a business suffice?

Most businesses choose simply to operate with their LLC or corporate name without a trademark. You may of course trademark your name, but it is time consuming and does incur some expenses.

I cannot tell you what is best for your specific business (we are not allowed to give specific legal advice or instruction), but a local attorney or business adviser could.
CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10,244
Experience: I am a businesses law attorney, with experience advising and representing owners and investors.
Verified
CalAttorney2 and 87 other Business Law Specialists are ready to help you
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Customer reply replied 4 years ago


Per the question string above, if I were to Trademark PROLEAD and there is only the existing trademark referenced above at uspto.gov (Compass Proleads), what would the criteria be for awarding me the trademark? For example, I did a Google search and someone was using Prolead Media as an ongoing business name in the same general field, would that preclude me from obtaining a trademark?

Dear Customer,

To file for a trademark there are many considerations. The best place to begin working through the process is the USPTO. http://www.uspto.gov/trademarks/basics/ The office has a search function which will help you run a search in order to reduce the possibility of having a "likelihood of confusion" with another trademarked name or pending application. DANGEROUS URL REMOVED?f=tess&state=4805:hklkdv.1.1
The process is complicated, so be prepared to spend some time going through it, or hire an IP attorney in your area to assist you with the application. The USPTO website has a lot of helpful information on it whether you decide to file with or without an attorney.
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CalAttorney2
CalAttorney2
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Category: Business Law
Satisfied Customers: 10,244
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