Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

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

I am planning on naming...
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.
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
9/24/2013
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
Experience: Experienced in both state and federal court.
Verified

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
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
Experience: Experienced in both state and federal court.
Verified
Chris T., JD and 87 other Legal Specialists are ready to help you
Ask your own question now
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.
Ask Your Own Legal Question
Ask Chris T., JD Your Own Question
Chris T., JD
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
4,829 Satisfied Customers
Experience: Experienced in both state and federal court.

Chris T., JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I need a few recommendations for trust breach litigation
I need a few recommendations for trust breach litigation representation in or near Aurora Illinois. Thank you … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,307 satisfied customers
I am a Pro Se Litigant. I filed an affidavit in opposition
I am a Pro Se Litigant. I filed an affidavit in opposition and a Cross Motion in Response to an OSC. I filed on time and included all the necessary information - however in the caption I wrote "Affida… read more
Lori
Lori
Juris Doctor
256 satisfied customers
I have just been notified by a litigation office that I will
I have just been notified by a litigation office that I will be served for a non-payment of a personal check from me that so called happened over 15 yrs. ago. The amount was said to be for 800. Now th… read more
Lori
Lori
Juris Doctor
256 satisfied customers
This is a litigation question. I represent a woman who fell
This is a litigation question. I represent a woman who fell in an elevator accident in October or 2011. Her primary injury was to her ankle including tendon. She has extensive problems with other part… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can a judge adjudicate a litigation between someone who is
can a judge adjudicate a litigation between someone who is under his supervision and that person's probation officer ? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Litigation in EDNY. I had a lawyer, am now Pro Se and
Litigation in EDNY. I had a lawyer, am now Pro Se and searching for a lawyer. I live in Pittsburgh, PA and it shard to find reliable, affordable legal help in NYC. OK, that aside, I being sued for not… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
My land is in litigation only l have a movable doublewide
my land is in litigation only l have a movable doublewide mobile home on the property. Can I be evicted off the property and is it legal to put a lock on my home where i cannot get to my personal cont… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am currently in litigation. I am the moving party and am
I am currently in litigation. I am the moving party and am trying to get the non-custodial parent's visitation reduced at the request of my children (10 & 15). We have had a few hearings which did not… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I am a litigation secretary at a law firm and started on
I am a litigation secretary at a law firm and started on August 14, 2017 and was told verbally that I would need to go online and enroll in my medical benefits by September 7, 2017. At the end of Augu… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
The California Secretary of State said that there is a big
The California Secretary of State said that there is a big difference between filing Articles of Organization and forming an LLC in California. Question; Does a LLC have to be completely formed in Cal… read more
socrateaser
socrateaser
1,031 satisfied customers
Civil litigation: building contractor, mechanic lien, 2009.
Civil litigation: building contractor, mechanic lien, 2009. Multiple court dates extended, fired my attorney, filed pro se to dismiss for lack of prosecution after 2 1/2 yrs no communication after agr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I was a trustee/defendant in a probate litigation. The
I was a trustee/defendant in a probate litigation. The plaintiff's attorney accused me of staging a burglary. The police in that jurisdiction conducted a thorough investigation and found that the burg… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
QUESTIONS FOR A TEXAS LITIGATION ATTORNEY We are the Country
QUESTIONS FOR A TEXAS LITIGATION ATTORNEYGood morning,We are the Hill Country Council on Alcohol and Drug Abuse, Inc. located in Kerrville, Texas. We provide treatment and other services such as colle… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have a question for a lawyer that has Financial Litigation
I have a question for a lawyer that has Financial Litigation Unit expertise with Federal Restitutions. Thanks … read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
If a Massachusetts Corporation files w/ Secretary of State a
If a Massachusetts Corporation files w/ Secretary of State a name change of the corporation, does the newly named corporation ( same Articles of incorporation still in effect - not changed or amended … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Is it possible to indicate me a list of Civil Litigation
Hello. Is it possible to indicate me a list of Civil Litigation Lawyers who work in the New York area?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
For a civil litigation case that is already in process, the
For a civil litigation case that is already in process, the defendant filed a motion and dropped a copy to my door without actually serving me and mailed a copy to my attorney, is this ok in terms of … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If your in litigation with a company and your have an
If your in litigation with a company and your have an employee related to the head of said company.Do you have to sever ties with your employee. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x