# the name i want to use for my t-shirt business is almost identical to another t-shirt company.



## skyeisthelimit (Jul 12, 2012)

Hello everyone, Ive been so hung up on picking a name for my t-shirt business that when i finally decided on a name someone already had this name for a t-shirt company. We are targeting totally different crowds and we have completely different concepts. I'm so stuck on using this name for my t-shirt business. So i changed the spelling of it by one letter. is this ok and am i able to use the name now?


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## GordonM (May 21, 2012)

skyeisthelimit said:


> So i changed the spelling of it by one letter. is this ok and am i able to use the name now?


Not usually, and definitely no if their name is trademarked. Regardless of your niche you're both in the apparel business, and that's what matters. The re-spelling will look very much like you're running on their established name. Some exceptions apply, like if their business is limited to one state, and yours to another.

This is not legal advice, and you should consult with a local attorney versed in trademark law for proper guidance.


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## charles95405 (Feb 1, 2007)

I think GordonM is correct...see an IP attorney but as a layman, I suspect you will have to use another name...


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## binki (Jul 16, 2006)

We just went through that and couldn't get a trademark even though our clothing was for a different audience. You might get a C/D on it once you finally get rolling.


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## foot print (Jun 2, 2010)

Don't do it...a client of mine did not do his research and picked a name already in use and received a C/D letter.. Now he has a clothing line but no name :|


Sent from my iPhone using TShirtForums app


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## skyeisthelimit (Jul 12, 2012)

thank all of you so much! this was tremendously helpful. if im going to do this i definitely want to do it right. now its time to think of another name. thanks again everyone.


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## binki (Jul 16, 2006)

One of our customers started clothing line and picked a name used by a big box retail store. Just as they were taking off they got a C/D.

The worst case for you would be a C/D and a demand for damages. 

Find another name.


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## dmfelder (Oct 25, 2008)

Agree, agree, agree...Get out now, and as soon as you know what your company will be named, start the process. 

BTW, we trademarked our primary company name seven years ago and paid a large amount of money to an intellectual property attorney. It worked, but it was pricey.

A few years later, we went a different route based on some advice from a friend. I'm not saying there aren't other options, but we got used _Legal Zoom_ to trademark our POD "sell my shirts online" shopping cart package, GarmentDeli.com. They were easy to work with, and _*very inexpensive*_ relative to our previous experience. They also seemed to cut through the normal bureaucracy.

Based on the experience, I'm (we're) happy we went the LZ route.

Good luck resolving your issue.


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