Trademark infringement

[duramax12]

I want to name my pest control company "Service Tech" would that name be infringing on a big company that does pest control trademarked as "SteriTech"? Should I be worried?

 

[Just Blue]

I want to name my pest control company "Service Tech" would that name be infringing on a big company that does pest control trademarked as "SteriTech"? Should I be worried?

US Law Only. What is the name of your State???

 

[duramax12]

California

 

[quincy]

I want to name my pest control company "Service Tech" would that name be infringing on a big company that does pest control trademarked as "SteriTech"? Should I be worried?

The purpose of a trademark is to identify a business, a product or a service. The trademark is used to distinguish one business, one product or one service from all other businesses, products and services.

Trademark law centers on consumer confusion.

Consumer confusion is created when trademarks (or logos or other identifiers) are so alike that the consumer can mistake one for the other. This is more likely when not only the marks are similar but the goods or services being offered are also similar.

If there is no consumer confusion created, there is generally no problem.

That said, it is the trademark holder who is responsible for ensuring no one infringes on his rights by using a mark that is the same or similar. Some trademark holders are more vigilant than others in policing the marketplace for possible infringers, and some trademark holders are more litigious than others.

In other words, if SteriTech thinks your use of Service Tech is a problem, it becomes a problem for you. There is a greater likelihood of SteriTech thinking your mark is a problem if you are both operating in the same geographic area because you are both in the same pest control business. You could find yourself the recipient of a cease and desist letter if SteriTech feels its mark is being threatened - or you could be sued, if SteriTech has evidence that consumers have been confused by your use of Service Tech. How a court would view this is something I can't tell you. It would depend on all facts.

You can run it all by an IP attorney in your area, if you are concerned about the risk of legal action being taken, or you can pick a name that is unique to your pest control business - one that sets your pest control business apart from SteriTech and all others. This is the route I would generally recommend taking, but it is your choice.

Good luck.

 

[TigerD]

Concurring with quincy, I like to add:

Both of those names aren't necessarily great names. From either name, I have no idea what you do. Service Tech is not a name I think would trigger pest control. SteriTech sounds like a hospital cleaning company.

"Vamonos Pest" tells me it is a pest control company. The big one that starts with a "T" tells me it is a pest control company. Make it easy on your customer.
Thomas Enterprises - Who knows. Who cares.

You can come up with a much better name than Service Tech (which sounds more like a plumber or handyman service to me) with a little effort. That will make your advertising far more effective too.

DC