QUESTION
What should I do if another company used the same name of my product?
Asked on Aug 18th, 2013 on Patents - Utah
More details to this question:
I created a product and gave it a name in January 2012 to find out that a magazine company used the same exact name for a series of articles related to the same subject. Their first article began in July 2012. I'm wondering what kind of legal stance I have to proceed selling my product.
7 ANSWERS
It is possible, given the lead time for magazines, that you each came up with the name at the same time. You can continue to sell your product with the name you have chosen.
Answered on Aug 28th, 2013 at 2:34 PM
Appellate Litigation Attorney serving Boston, MA
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Banner & Witcoff, Ltd.
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Trademark rights are acquired in the United States by use of the mark (product "brand" name) in commerce. If you are first - you can continue to sell your product using the name you gave it. If the magazine was first - they can ask you to stop. Also - strength of the mark will also be important - it the mark an arbitrary name? Is it a suggestive name? Is it a descriptive name? Each of these is entitled to various levels of protection under the trademark laws of the US.
Answered on Aug 28th, 2013 at 2:34 PM
Intellectual Property Attorney serving Southfield, MI
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Gerald R. Black
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You are in the area of Trademark Law. In order to use a name as a trademark, there is a requirement that you serve notice that the mark is your trademark for your product and place a "TM" after the mark. If you are selling your product across state lines, you are engaged in "interstate commerce" and can register your mark with the U.S. Trademark Office. Once the mark has been registered, you replace the "TM" with a. If you have used the "TM" but not yet registered the mark with the U.S. Trademark Office, I recommend that you apply for a registration, indicating that your first use of the mark was January 2012. I hope that this helps and good luck!
Answered on Aug 28th, 2013 at 2:34 PM
Your question is hard to follow. You mention a name was given to a product, but that the product was never sold under that name. If the product/'name were never used in commerce, and the name was never registered with the US Patent and Trademark office, you have no rights to that name. There would be no copyright for a name, without more. Then you say a magazine had an article mentioned the name in some related way. Even if you had a trademark, merely mentioning the trademarked name in an article should not infringe that mark.
Answered on Aug 28th, 2013 at 2:34 PM
Did either of you file for a trademark? Federally or w/i the state? Did either of you use the mark beside your use of the word? Is the word even trademark able? Do anyone else already have the domain name or the trademark?
Answered on Aug 28th, 2013 at 2:34 PM
Master Lawyers, Intellectual Property Law Attorney serving Novi, MI
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Carrier, Blackman & Associates, P.C.
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Intellectual property law offices carrier, balckman & associates, P.C.
Answered on Aug 20th, 2013 at 6:57 PM
Intellectual Property Attorney serving South Jordan, UT
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Pearson Butler
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Trademark rights depend on use in commerce and the extent of that use. Giving something a name without using it in commerce does not establish rights. Filing a federal trademark application that is granted will give a large amount of rights and makes it difficult and expensive for people to challenge those rights. I recommend that you speak with an attorney about your specifics. Your attorney will have a few questions for your and can give you some good recommendations.
Answered on Aug 20th, 2013 at 10:12 AM