Trademark A Business Name Advice?
1. Can I trademark a name that others are using in the same category already but do not have a trademark on it? There is currently no live or dead trademarks for the name.
2.If I can obtain a trademark, will it cover other companies spelling the name with a space: for example; trademarked name "Hot Backpacks" - copy cat: "Hot Back Packs" and anything along the lines of that.
3. I want to trademark part of my business name ( except for "services" which is in the name), will that be an issue?
4. Any other advice to make this official? Tips? Should I file myself? Legal Zoom? Lawyer?
Thanks for your help!
Comments
You could potentially run into a problem if the original person who uses the mark finds out. Weather the trademark is registered or not there is a Common Law protection where as long as the person can prove they have used the same brand name in the same market they can challenge your mark and you will not be granted permissions by the federal govt to use the mark.
The only way around this is that the person on conducted business in one state. If they conducted business nationwide then its a no go
a million. do not use the link in the different answer- unsolicited mail or Malware? 2. do slightly diagnosis - touch the U. S. Patent and TradeMark workplace and be sure in the event that they even have the trademark shown, or purely utilized for. a hallmark has an substantial time requirement in the previous it extremely is legally defended, distinctive from a Patent or Copyright. 3. Get an legal expert!