Legal Question in Business Law in California

Trademark

Hello!We created LLC and a website which name consist of two words. Later on we found out that first part (word) of our name is trademarked by other company. Let's give you an example: other companies name is BORA and it's trademarked and our companies name is BORASTYLE. Would we have any trouble even if we will provide or sell different goods? Would it helped if we trademarked our longer version? Thanks!


Asked on 9/04/08, 12:24 pm

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: Trademark

You cant tell whether someone may have a case against you without getting an attorney and into specifics.

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Answered on 9/04/08, 1:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Trademark

You may want to try filing your proposed trademark yourself and see what happens. The filing fee to do it on line is generally $325. Try www.uspto.gov and go to trademarks. The site is not intuitive and you'll need to study the on-line instructions very carefully to wade through the process.

One particular tip is to determine the international numerical class for your goods or services early in the process. It's a two-digit number. This is what essentially determines whether your product or service is "different" from another registrant's.

It is also important to decide early on whether you can register based on use in commerce or whether you can allege only an intent to use.

Based on what you've said in your question, I'd guess that the other trademarked name you describe is not going to be a problem, but there are plenty of other potential barriers to a successful registration.

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Answered on 9/04/08, 1:55 pm


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