QUESTION
Do I have a case if someone is claiming that I am infringing on their business name?
Asked on Dec 08th, 2011 on Patents - California
More details to this question:
Some one is claiming that I am infringing on his business name. His business is "custom glass tinting" mine is "my name custom glass tinting”. Do I have a case here?
2 ANSWERS
Intellectual Property Attorney serving Irvine, CA
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Shimokaji & Associates, P.C.
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Yes, you probably do. Assuming both businesses are involved in custom glass tinting, the name "custom glass tinting" simply describes the nature of the services and is generally not protected as a trademark. You should check to see whether the other person has a trademark registration. Assuming there is no registration, neither has the ability to prevent the other from using custom glass tinting.
Answered on Dec 14th, 2011 at 10:14 PM
From the sound of it, he does not. I doubt he has a federally registered mark for what appears to be a merely descriptive service. You should be fine to use your name followed by the descriptions of the service.
Answered on Dec 14th, 2011 at 10:13 PM