# Company name taken in another country...



## lysol (Aug 11, 2007)

Ok, so I just found out that the name I decided on for my T-shirt company is being used I another country. Does that mean that I can't use it here in the states. I assume it does...


----------



## Solmu (Aug 15, 2005)

lysol said:


> Ok, so I just found out that the name I decided on for my T-shirt company is being used I another country. Does that mean that I can't use it here in the states. I assume it does...


If they don't have a US trademark, you're in the clear. Depending on the other country you may or may not want to though. And if you both try to claim a US trademark at some later time it could get complicated. It really depends on the specifics; if you've got your heart set on the name, you might want to consult a lawyer (they won't take long to advise you, so relatively speaking it won't cost much).


----------



## TripleT (Apr 29, 2007)

There are companies with the same name in different States - as Solmu points-out, unless there's a trademark issue you're in the clear.


----------



## TGL23 (Oct 19, 2007)

is there anyway to check if they have a us trademark without getting a lawyer


----------



## Rodney (Nov 3, 2004)

TGL23 said:


> is there anyway to check if they have a us trademark without getting a lawyer


Just visit the trademark site and search the us trademark database.


----------



## lysol (Aug 11, 2007)

Alright, so I did a search and found Infected Apparel, I wanted to use Infected Clothing. Would these be different?


----------



## Rodney (Nov 3, 2004)

lysol said:


> Alright, so I did a search and found Infected Apparel, I wanted to use Infected Clothing. Would these be different?


Not different enough to keep you out of trouble.


----------



## lysol (Aug 11, 2007)

Didn't think so. Damn.


----------



## binki (Jul 16, 2006)

Live dangerously. This application was just filed on September 2nd, 2007. Take a wack at it and file yours now.


----------



## NatGraphix (Nov 5, 2007)

Just my two cents. You might also consider using your name as a d/b/a if you find it too difficult to get your's trademarked. Trademark registration is a lengthy process and is also costly and time consuming. You need to have proof the name(s) are and have been used actively in commerce on and before the date of filing for the trademark, pictures, proof, etc. You can file and receive a d/b/a in a day in most states. Just a thought. You want a lawyer to file and help you with a trademark application, it can and usually does hit some bumps and it is less expensive to start with a lawyer doing it than taking a stack of paperwork in later and paying him to read it all and get up to speed to help you.


----------



## TripleT (Apr 29, 2007)

binki said:


> Live dangerously. This application was just filed on September 2nd, 2007. Take a wack at it and file yours now.


 
Agreed! You'll never know unless you try!


----------

