New Trade Mark question

[AntiTradeMark]

What is the name of your state (only U.S. law)? ND.

I have an original design that I would like to use as a logo for a production company. I would like to register it as a trademark. I've tried reading through the government site where they have online registration. My problem is that all the names I pic are used already. But they are used by more than one person. Lets say I do a search for the name Nordby. I get several matches using that name. Can I register my TM with my logo with the name Nordby productions?

Thanks,

[divgradcurl]

Originally Posted by AntiTradeMark

What is the name of your state (only U.S. law)? ND.

I have an original design that I would like to use as a logo for a production company. I would like to register it as a trademark. I've tried reading through the government site where they have online registration. My problem is that all the names I pic are used already. But they are used by more than one person. Lets say I do a search for the name Nordby. I get several matches using that name. Can I register my TM with my logo with the name Nordby productions?

Thanks,

Nobody will be able to answer this question without knowing what product or services the name is already registered for, and what specifically your service is. Generally, there is no issue with having the same name for different products of services, so long as the different products or services are different enough so that a consumer would not be confused as to which one they were looking at. That's why (well, partly why) you can have Ford models and Ford automobiles coexisting -- a consumer would not reasonably go to Ford motor company seeking a modeling contract. But nobody else will be able to open up a Ford car dealership, or Ford auto detailing, or Ford anything at all to do with cars, because that would be confusing. This is very overly simplified, but it sort of illustrates the point.

Your best bet is to sit down with a local attorney who can review all of the actual facts of your situation, and advise you accordingly.