Legal Question in Business Law in Illinois

Okay so here is my big dilemma. After discussing my business name with an attorney and I am going to use business examples as I don't want anyone taking this name from me, I have decided to change it. The name is an acronym. An example would be FART - Fast Action Response Team. This is an example. Well the real acronym has several registered trademarks, 10 to be exact, some dead or alive, that happen to be the same, however they are different classifcations. In doing my research on the internet I found several other firms that had the exact, including one that has a domain name, however I don't think theirs is a registered trademark yet. Anyway, I have decided to add " I Luv in front of FART, to make the business name I Luv FART. So my question is , how does this work? How do I use this name in business when FART stands for something else and we always use FART to refer to the business. I mean the example I Luv FART sounds silly but it is the exact same situation I am dealing with. How do you use that acronym in the name when it stands for something else and how do you prevent this acronym from being stolen when there are so many already registered? Do you register the meaning only? Or do you register I Luv FART and the meaning, having to pay the $325 fee twice? I don't know what to do? Not even sure if I the logo can say I Luv FART and have Fast Action Response Team underneath the name. I would like as much advice as you can provide.

Thanks,

K


Asked on 7/12/10, 9:18 am

2 Answers from Attorneys

Since you have already consutled with an attorney who would be fully advised concerning the real name and the nature of your business, I would suggest that you contact that attorney again to discuss your concerns. This may cost you a small fee. However, a small fee is far less expensive then litigating a trademark violation. Good luck.

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Answered on 7/12/10, 12:24 pm
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point here. Your current attorney has also the details on the name and can discuss any issues. Consult with this attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 7/12/10, 12:46 pm


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