# Two Companies With Similar Names



## toolegitclothing (Sep 12, 2008)

Hello,

I own a clothing line and have produced a few products already. There is a clothing line with the same name just it's TOO LEGIT APPAREL instead of me (TOO LEGIT CLOTHING).

I was established before them and I don't want them to try and steal the name. I have not trademarked or copyrighted anything regarding the brand.

What should I do to make me the sole owner of the name?

Thanks,

Chris


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## Girlzndollz (Oct 3, 2007)

You can read up on the trademark.gov website, it is an excellent site that deals with these questions, or you can contact a trademark attorney. Hope it works out for you.


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## sunnydayz (Jun 22, 2007)

Also have you sold any products under this name? If the other company has and you havent, you may have an issue with proving you were doing commerce under that name first. I would have to agree with Kelly and go read up on the trademark site. You should be able to find an answer there, if not an attorney would be the next step.


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## toolegitclothing (Sep 12, 2008)

I have sold several products over the last year and they have sold none. I have the upper hand in this case correct?

I will go ahead and look up on this. 

Any other opinions are welcome as well!

Thanks,

Chris


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## SilasCompany.com (Sep 24, 2008)

Get it copyrighted if your for real about the company. 
It does cost a bit though, around $500


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## Girlzndollz (Oct 3, 2007)

CRB said:


> Get it copyrighted if your for real about the company.
> It does cost a bit though, around $500


 
Look on the copyright.gov site regarding fees. I believe you can do it yourself thru the site. One design will cost as much as a book of designs, and I believe, the last I looked and heard recently, that might be around $35 fee if you do it yourself. 

This is for the copyright of the designs, not the application for Trademark, not to be confused. =)


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## Susie (Oct 19, 2007)

A trademark is what you need. If you are successful with your mark, you may have to defend yourself against the other similar name if you want to get rid of them down the road. (when you get big and successful). They are very confusingly similar names though - is that going to be a problem? Are your customers going to be confused?

USPTO does not protect businesses that have not even applied for a trademark. So if you're first...


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## toolegitclothing (Sep 12, 2008)

Thanks for all your replies. I think I'm going to try and trademark it, but the cost is so high. The guys that copied don't seem to be making moves right now. They've had their myspace page up for almost as long as ours and have tons of friends, but have not released any products ever. They just have a "comin' soon" next to them. Do you think it would be safe to hold off on it for now? Or should I start applying right now?

Thanks for all your help again,

Chris


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## sunnydayz (Jun 22, 2007)

Have you searched the trademark data base to make sure the name is not already registered? That would be the first step I would take.


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## SilasCompany.com (Sep 24, 2008)

Sorry, I meant get your name Trademarked, not copyrighted.

If you are serious about your company, get it done, it can take 5-8 months for it all to process.


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## toolegitclothing (Sep 12, 2008)

I searched the database. No Too Legit Clothing, or even Too Legit. There is a Legit Clothing though. But I'm not sure if that would effect me.

-Chris


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## Girlzndollz (Oct 3, 2007)

toolegitclothing said:


> I searched the database. No Too Legit Clothing, or even Too Legit. There is a Legit Clothing though. But I'm not sure if that would effect me.
> 
> -Chris


 
Well, good luck with it, Chris. The only way to find out if you can get the name is to start the process, so good for you. Hope it works out.


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## TimeWithoutTheE (Mar 31, 2007)

I would email them
also put a TM logo on the end of everytime your name pops up
It shows your legally going to Trademark your name within a year


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## Mark_S (May 21, 2008)

toolegitclothing said:


> I searched the database. No Too Legit Clothing, or even Too Legit. There is a Legit Clothing though. But I'm not sure if that would effect me.
> 
> -Chris



I would get the NOLO book and read that - most likely this will effect you - I would get an opinion from an IP expert - make sure its less than the cost of TM application --


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## jmlopez8 (Jan 25, 2008)

if there's any sort of confusion with the public regarding your company name and that of the other, then they will not accept your application. Both of your names kind of sound the same and would cause a confusion, at least to me, but like everyone else said, check into it.


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## eebo540 (Mar 16, 2009)

Hey dude,
In the same boat. Intellectual property will need to be registered or trademarked, you should definately check a database in your area of trading names/trademarked names close to your business. The next check will be in what they are trading, these are listed as catagories i.e. Cat. 4 - machinery, Cat. 14 - clothing/apparel etc.
In my situation a guy has the exact name we want as his clothing store which clashes as its in the same category as our brand name. It means that if he feels we're imposing on his business he will have the legal upperhand. However, we are not changing our brand, and advised that if we show more activity within our side, we might have a better chance should ever go to court.

Bottom Line - Cover yourself legally, if you ever get big it will make life so much easier!


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