HELP! Simple Trademark Question

[adsurgeon]

Pennsylvania


Hello:

Quick question...

I'm creating a company name and have found an existing variation of it at a web site. However they are not listed on the USPTO site.

Example:

Their name is: Washington Publishing

I'd like to use: First Washington Publishing

Is the addition of the word "First" enough to allow me to use this name without infringement?

Again, they are not listed on the USPTO site. Apparently they publish general books as will I. I don't see how they could tie up such a common name in all variations.

Many thanks for any advice you can give me.

D. Whitman

 

[ALawyer]

It is NOT a simple question, and the fact that there is no Federal trademark does NOT mean that the other firm does not have a common law or state trademark.

 

[adsurgeon]

Follow up

Thank you for your reply.

Is the addition of the word "First" enough to allow me to use this name without infringement?