QUESTION
Starting new business. Name I've chosen is not in use in the US, but is being used in another country by a like business. Am I free to use it in US?
Asked on Dec 26th, 2013 on Patents - Tennessee
More details to this question:
Am getting ready to start a new business. The two names I've chosen and hope to use one of, are not in use in the US, but each is being used by one other company of the same type as mine, each in another country (one in Canada, the other in South Africa), not related to one another, and neither of whom do business that I can tell, anyway, in the US. I will ONLY be doing business in the US, not in either of these countries. Need to know if I am able to use either of these names fre & clear, without either of these companies being able to claim I am infringing on or benefitting from their name. Thank you. Elizabeth Landry
1 ANSWER
You need to carefully evaluate the market presence of both companies in the US, especially any cross border advertizing by the Canadian company, e.g., advertizing on a broadcast in Windsor, Canada that is received in Detroit, Michigan. If, as you suspect, there is no contact with the US by either company, you should seek to register the trademark in the US Patent and Trademark Office. However, be aware that, since you are selling a competing product and are aware of these companies, if you use the name in your website domain name, either one or both can seek to have the domain name taken away from you. The best course of action is to adopt a "clean" name that is not in use by a competitor or similar to such a name.
Answered on Jan 03rd, 2014 at 3:51 PM