Trademarks are the no-go area for most small businesses. I ve had experiences of big companies sending a cease-and-desist notice to small businesses because they used a similar-sounding name for their operation.
Determining if marks infringe can be tricky and each situation varies from another.The general rules to keep in mind are:1) Are the names similar in Sound, Appearance or Meaning?2) Are the industries the same or similar to one another?3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?4) Do the trade areas cross? What about the advertising routes -- are the products/services advertised in common places?Here s what the USPTO has to say about this matter: The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:the similarity of the marks; and the commercial relationship between the goods and/or services listed in the application. To find a conflict, the marks do not have to be identical, and the goods and/or services do not have to be the same. It may be enough that the marks are similar and the goods and/or services related. It s best to contact a private search company or a trademark attorney to assist you in determining if this will be a problem or not.Hope that helps! I wish you much success happiness in all your ventures!http://www.uspto.gov http://www.uspto.gov/web/offices/tac/doc�� -- Link to above quote
if the company is trademarked they can.anything surrounding the product that they have trademarked you can be sued for.
If the other company is trademarked, most likely you would not be able to use the name.Trademarks are based on sounds, spelling, and product.
yes you would be sued anything that sounds like or looks like a registered business name is defenitley in trouble according to copyright laws and the DMCA regulations act !
Yes it would. It d be better to use a different name.
