QUESTION
I am trying to get a trademark of my business name and there are a few issues arrising according to the law student i am dealing with
Asked on Nov 22nd, 2013 on Intellectual Property - Texas
More details to this question:
Apperently there is another company named exile grfx what i i were to file under a different class could i skip the whole likliness factor . And another issue arrising is that my business name has inc in it but is not incorporated altho its not meant to assume that is a corporation i have a friend whos business is menaceinc and he didnt have to inorp his so now i am at a crossroad if i incorp it and it gets denied then i am wasting so much money and if i dont icant file please help with this arrising issue i would love to continue doing business under my name exileinc and since ive been doing it for a few years but never had the money to file for a trademark is there anything to do to help a vetertan out.
1 ANSWER
First of all, a law student is just a student, and what the student who is learning the law states, cannot be assumed to be correct. First, there is no trademark registration for the mark "exile grfx" and the trademarks for "grfx" have been abandoned. Also, there are a large number of trademark registrations for the word "exile", by itself or in combination with other terms. The class that goods/services are registered in is dictated by what they are, not what you choose to put them in, and merely being in another class would not necessarily mean that use of the mark would not be confusingly similar to use of of a mark by another that is registered in a different class. You really should consult with a trademark attorney, not a law student, to have your situation evaluated.
Answered on Dec 03rd, 2013 at 4:49 PM