Legal Question in Intellectual Property in Illinois

The first question that must be asked is "when did you start using your name and when did the other company start using the name?"...I would also need to know if either party has obtained a trademark registration (federal or state)? Also, where are you doing business and where is the other company doing business? So there are a lot of questions that must be answered before any attorney can begin to help you....please resubmit with more details. -Justin Lampel

While further details would be helpful, it is unlikely that you would succeed. Even if we assume (1) that your business name is a federally registered trademark and not merely registered as a company name with the IL Sec'y of State and (2) that your registration pre-dates your competitor's first date of use, you would still lose because both names are descriptive. Trademark law generally grants little rights to the owners of descriptive marks. You may have some rights under IL state law, but answering those quesitons would require a consultation.

Northwest Door, Inc. CORPORATION WASHINGTON 10711 "A" Street S. Tacoma WASHINGTON 98444 has registered on the Supplemental Register the mark NORTHWEST DOOR for garage doors. They have more than 5 years use if they are still using, so they may be in a position to make a try for the Principle Register. You would have to oppose them and win to get meaningful protection for your name. So, you are in no position to sue anyone yet. This is especially true when you are in Northwest Chicago at Crystal Lake. In fact, watch out. If you try to register now, you my draw fire from Tacoma. You have too descriptive a name. Norhwest Door (of Tacoma) probably does, too. But they are making the right moves, apparently, to lay claim to the brand in time. That is why you need to get a consultation from a good trademark attorney, so you don't trip yourself up and end up getting sued yourself. You were wise to ask on lawguru before doing something dumb like threatening suit. Depending on the details, as noted in the prior answers, you may be able to bolster your position to where threats of suit made business sense, but this is a weak mark you have and unless you heavily advertise it (for example like Northwest Insurance Company has for insurance services) to where it acquires a secondary meaning as an indicator of your business alone, it will always be weak. It may be better to consider this a lesson learned and just pick another more distinctive mark that others are not already using so you can protect it better and don't get yourself in trouble. A business name which is just a collection of descriptive words does not generally make for a good mark. My suggestion: Get a good trademark attorney and get a better brand name and forget this one you have now.