Legal Question in Business Law in California

trademark

If I have a company name that is similar to another companies name but not exactly the same can there be any problems with that? An example would be if I had a company named My Concierge and there is another company called My Personal Home Concierge. Right now there is a company in the UK with a similar name as I want for my company and my company and that company will provide a similar service. Any advice on this would greatly help. Thanks!


Asked on 10/19/08, 6:54 pm

1 Answer from Attorneys
R.C. Lim The Law Offices of R.C. Lim

Re: trademark

Trademarks are bound geographically.

What matters here is whether your UK competitor does business in the US. Perhaps they do, perhaps they do not. A companion question would be whether that business, if it exists, is national or regional.

One thing you could and absolutely should do is register your trademark with the USPTO. It's fairly inexpensive, and it puts the presumption in your favor. The next thing that you need to do is to use your trademark, regionally or nationally, since a trademark must be in use to be valid.

Sorry if all of this lacks the sharpness you were no doubt looking for. Unfortunately, there is no way to avoid the threat of a lawsuit.

The best you can do is scour the marketplace and record your evidence that the British mark is not in use in the U.S. and to record your trademark with the USPTO.

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Answered on 10/19/08, 7:07 pm


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