Legal Question in Business Law in New Jersey

One of my friends is an attorney who does this kind of work.

Call me and I will send you to him. He is a very smart guy.

Robert Davies, Esq.

201 820 3460

Possibly, but it may be denied as similar and confusing.

Well, as with most legal questions, the answer is, "It depends." There are two well-known cases with very different results... Koke vs. Coke and Lexis vs. Lexus. Trademark law is not one of my practice areas, but I'd be happy to chat with you (at no charge) and refer you to a trademark attorney I work with on a regular basis. (973-921-0600)

Generally speaking, a business is not prohibited from trademarking a name just because another business is using a similar or even an identical name. It depends what type of business the other business is, whether that name was trademarked already, when did they start using the name, how different the spelling is and the location of the two businesses, among the variables. Ultimately the trademark office has the last word.

My practice routinely handles intellectual; property matters, including trademarks. Please contact me at your earliest convenience.

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

The devil is in the details here. Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. See the link below for a detailed explanation of the due diligence process.

http://www.lanternlegal.com/trademark_due_diligence.php

http://www.lanternlegal.com/test_trademark.php

You should most definitely talk it over with a lawyer in private before making any investment in the mark. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.