Anyone here have trademark name experience?

D

Dr. Scientist

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Feb 7, 2010
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Putting the finishing touches on my new ecommerce site but still a bit undecided on the brand name. I've decided on a one word brand name that's tested pretty well with my customer segment, but it's raised some potential trademark concerns.

There's another company with the same name I want, though different typography/lettering, that sells large-scale sports equipment (think soccer nets, goal posts, etc) along with playground equipment (castles for kids, swingsets, etc). On the other hand, I'll be selling sports apparel.

If any of you have experience in this, would love to PM and bounce my thoughts off you. Looking for a consult with a lawyer in the mean time (peasant status)

No boobs because on no fap
 


Looking into this now at the moment with the help of a lawyer friend. For one country it appears to be about 1200-1500 for 10 years to register a trademark. For the world ... significantly more.
 
ard555 said:
Looking into this now at the moment with the help of a lawyer friend. For one country it appears to be about 1200-1500 for 10 years to register a trademark. For the world ... significantly more.
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Ah yeah, trademarking is a huge pain, not to mention costly. I'd trademark ASAP, but I'd want to make sure it isn't clear and confusing to customers. So far, from what I've read, I don't think it is. But the case can always be made.
 
IANAL (Read "I Anal")

Does this other company go after people?


I've decided on a one word brand name that's tested pretty well with my customer segment, but it's raised some potential trademark concerns.
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Do you think it may have tested well because people found it familiar?


There's another company with the same name I want, though different typography/lettering, that sells large-scale sports equipment (think soccer nets, goal posts, etc) along with playground equipment (castles for kids, swingsets, etc). On the other hand, I'll be selling sports apparel.
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That sounds like it will get into the "confusingly similar" category. Sports equipment and sports apparel are often sold by the same people. Like I said, I Anal.
 
User9364 said:
IANAL (Read "I Anal")

Does this other company go after people?


I'm not sure how to check. Is there a directory of civil lawsuits I can check?


Do you think it may have tested well because people found it familiar?


Good question. No, not at all. People liked the name because it resonated well with them (it's a common sports phrase). No one had heard of this other company before. They primarily sell playground equipment.


That sounds like it will get into the "confusingly similar" category. Sports equipment and sports apparel are often sold by the same people. Like I said, I Anal.

I see what you're saying. They don't sell sports apparel, but I imagine they could make the case that my company is infringing on their right to freely expand into the sports apparel industry. I could understand the case if they were selling bats and gloves, but it's more on the lines of huge football poles and entire tennis/baseball courts.
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Thanks for your input!
 
bambu said:
Just based on the facts in the OP, I would steer clear of the trademark, especially if the trademark holder is litigious (and has a larger war chest than you).
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Thanks for the level-headed warning. I'll tack on another word to the brand name or something, maybe.

Back to the branding drawing board, I guess!
 
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It would suck to invest and build a brand just to have the trademark holder get an injunction and stop you from using it.
 
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