# Using a name that's already a registered trademark?



## Tbdodge23 (Jun 5, 2011)

I have been trying to think of a name for my tee/clothing line for a while now and finally when I land on a name, I find out it's registered to a sandal company that nobody has ever heard of! Can I use it anyway?


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## PositiveDave (Dec 1, 2008)

sandals are clothing, so it might be thought to be too close. It might be better to think up another name. You might need to take advice from a trademark lawyer rather than a forum, the consequencies can be significant.


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## GHEENEE1 (Jan 8, 2007)

I would come up with another name that isn't registered, why set yourself up for possible headaches.


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## jean518 (Sep 23, 2009)

How would you feel if you were that sandal company? As the above poster said, find on that is not already taken.


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## kimura-mma (Jul 26, 2008)

Agree with the others... find a name that's not taken.


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## veedub3 (Mar 29, 2007)

Seriously was this a question that even needed to be asked? Put yourself in the other company's sandals. (pun intended) If someone used your already trademarked name, what would you do? Would you let it sllide because no has heard of your brand or would you protect your trademark?


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## PositiveDave (Dec 1, 2008)

veedub3 said:


> Would you let it slide because no has heard of your brand


I think that the important point is that the trademark people have heard of it.


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## Tbdodge23 (Jun 5, 2011)

Thats exactly what I was thinking too, thanks for all the input! ...and veedub3, if you're not going to be helpful why even waste our time with posting your response? Thanks again!!


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## veedub3 (Mar 29, 2007)

Tbdodge23 said:


> Thats exactly what I was thinking too, thanks for all the input! ...and veedub3, if you're not going to be helpful why even waste our time with posting your response? Thanks again!!


I was being helpful as my post was to make you view the scenario from a different perspective. Obviously I failed but hey you win some and you loose some. When you post a question on a public forum you will get all kinds of of responses and opinions. Some responses you will like and some you won't, take the advice or don't take it, it is totally up to you.


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## Tbdodge23 (Jun 5, 2011)

Very true! Thanks!


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## binki (Jul 16, 2006)

what is their registration for? does it cover the same items as yours? if not you can register yours and see what happens. 

we are in the process of registering a trademark where there are over 400 other registrations with the same words, but all for different things. 

a trademark attorney should be able to give you a little more info on it though.


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