Trademark help

[geograv]

Hi --

I'm having a hell of a time finding a business name that isn't already taken/trademarked for a well known and used type of business concept.

Would it be OK to trademark the following (for example):

"potatobeans" for use as a business name IF a similar larger company alraedy uses "violetbeans" as a business name.

If this can cause trademark problems, could I use "beans potato" or "beanspotato" instead to avoid possible legal trouble?


Thanks

[RonKomorowski]

Geo...your example is hard to answer but think of it like this.

First, trademarks could be VERY confusing unless you realize a couple key points.

Here is the big question about your trademark, the classic "check" of a trademark. Will your name confuse the public?..and will it matter if a similar name is just a small business and just local, and you are far enough away. Last, does a trademark holder even care if your name comes close...you can always just call and ask them if they would mind you using a similar name (if they are a smaller business only)...chances are they could care less and wish you much luck.

Examples. There is Dunkin Donuts. You could have Dunkin Hardware hardware....but Dunkin Bread...no way. They will probably say you are confusing the public by making the public think thee is a connection and you are trying to capitalize on their success.

Recently someone opened StarBill's coffee or something like that. Starbucks went after them and they can because they are a large established name....but if they were Starbuck's hardware or nursury, then the could not bother Starbill's coffee because they could not possibly be losing market share, be defamed or lose brand value, or be confusing the public.

Last, a trademark is only established in the states you do business. Joe's Roofing co can be in NJ and in VA by two different owners and all can be legal...unless it is registered but then if you do not do business in a certain amount of time in other states you lose the "reserve" of that name with the USPTO.

What you do is this...ask yourself if you are confusing the public with the trademark and can either of you lose financially in any way by the name. Also, do the range of the businesses cross?

Because of the internet we can find every business name there ever was. Before we could not. There just may be 3 Joe's Roofing in your state but nobody ever knew each other or took money away from each other so nobody ever cared.

Of coarse it is best to ask a trademark specializing lawyer if you have the extra money if you are worried because a name change can be expensive....but don't forget just calling and asking the other business for permission.

It gets confusing...but it is also said that if you become a big successful national brand, some little fool with the same name on his barn flea market business will claim he had that name first or similar, and they will sue (until you give the weasil $10,000 to shutup)

Maybe all names you pick will be similar to something. Just take the steps I suggest here, research more about trademarks would be good. Read a whole book if you are concerned....and if you still are uneasy then approach a lawyer AFTER you read the book, because some lawyers will tell you they know trademarks but they really don't...just really know they want to take your money. Reading a book will save you on their fees and you will be able to test their knowledge.

Ron Komorowski
Inventor of Handi-Straps