# Trademark Question



## Jay Merc (Nov 18, 2008)

I'm interested in trademarking a name. there are a couple of other trademarks with the same name but in a differant business all together.

Its like I sell sneakers and they sell kitchen tiles.

Can I get a trademark for my sneakers with the same name?


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## DigitalLowdown (Dec 6, 2008)

Yes you can, as long as you are not in competition with those other brands. if you have a question, its best to call the USPTO office and talk to one of their clerks. They are very helpful.


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## Jay Merc (Nov 18, 2008)

DigitalLowdown said:


> Yes you can, as long as you are not in competition with those other brands. if you have a question, its best to call the USPTO office and talk to one of their clerks. They are very helpful.


 
Thats awesome! I perused the USPTO website and found a Trademark Help email address and shot off my inquiry.

Starting my application now!

Thanks for taking the time to reply and I hope you have a happy and healthy new year.


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## Mark_S (May 21, 2008)

Actually I would go with legal zoom to check first - they can find similar names not aware of. 
Also the trademark may not go through due to "dilution of the brand" - so you probably can't trademark McDonalds T-shirts - so it could potentially be an issue but have to check with experts. 

I would also check the NOLO book on Trademarks - 

Thus, “McCoffee” may infringe upon the marks of McDonald’s Corporation by leading the public to believe that “McCoffee” is a product or an affiliated company of McDonald’s. A company also may be liable for trademark dilution by using the famous mark of another company even if there is no competitive overlap or likelihood of confusion. For example, the name “Pentium Petroleum Corporation” may well dilute the PENTIUM trademark of Intel Corporation. It therefore is important to assess the potential trademark law risks of a name before adopting it as a company name.

What trademark and other legal issues are involved in selecting a company name? : Startup Company Lawyer


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## mikeyfresshh (Jan 15, 2009)

i am trying to figure out how to start a t shirt company but dont know where to start, i have a name in mind. do i have to copyright it? and do i have to register every desighn i have on the shirts????


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## wilsoncalls (Nov 15, 2008)

I would also check the NOLO book on Trademarks -



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## SkullDude (May 10, 2008)

Jay Merc said:


> I'm interested in trademarking a name. there are a couple of other trademarks with the same name but in a differant business all together.
> 
> Its like I sell sneakers and they sell kitchen tiles.
> 
> Can I get a trademark for my sneakers with the same name?



You should check the state and common law databases (to check for similar names that might not be trademarked), in addition to the federal. From my understanding, in most cases if the marks are in different non-related categories, then you should be able to trademark your name. The only case where this might not be true is if your mark is the same or confusingly similar to a famous trademark like Nike or Wal-Mart or something along those lines.


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## Parkwood (Jan 14, 2008)

Keep in mind that if your mark is similar another mark and not in the same classification, the other mark owners can still file an opposition. Then it is your responsibility to file a formal answer and that usually requires an attorney, although it is possible to write the answer yourself but it requires some research on how to do it. 

Some trademark owners will just file oppositions to any mark that remotely resembles theirs. Many times the person doesn't bother to answer due to the hassle and the cost and so the opposing trademark wins by default.

I would go into this expecting that you might face an opposition and be prepared for the worst.

Good luck.


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