Trademarked name, how close can I get?

[quincy]

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

I am looking to name my business. I am a Certified Placenta Encapsulator, a Reiki Practitioner and an Essential Oils Advocate. I live in Monterey, CA and want to name my business Monterey Healing Essentials or Keslie Mack's Healing Essentials. Healing Essentials is trademarked in New York to a woman who makes and sells bath and body products. There is another business using the name, Healing Essentials LLC in Iowa and several variations online, Rhea Healing Essentials, Ojia Healing Esssentials, almost all sell Essential Oils of some sort. What is the legality surrounding this? Is it legal to add to an already trademarked name?

Thanks in advance!

A name can be found infringing on the rights held by another if the name is the same or similar to an existing trademark and the new name works to confuse consumers as to the origin of the goods or services being offered.

There are many companies that use the same or similar names to identify their business, their goods or their services. This is not always a problem if the companies confine their operations to different geographic areas or the companies offer different goods or services not likely to confuse consumers. For example, ABC the broadcasting company is not likely to be confused with ABC the appliance warehouse. These companies can peacefully co-exist in the marketplace.

Some names, too, use words for their trademarks that are considered generic and cannot generally be protected under trademark law (unless or until the words gain a secondary meaning in the marketplace, as Kentucky Fried Chicken has).

The legal issues you are most likely to face will come if someone/anyone runs across your company and, because of your name and the products/services you are offering, believes your company is owned or operated by a company that was established before yours under the same or similar name.

What can happen if a trademark holder objects to your use of the name can range from you receiving a notice from the trademark holder to cease and desist the use of the name and can lead up to a trademark infringement suit. A lot will depend on the trademark holder as to what legal action will be pursued against a perceived infringer.

I recommend you have your proposed name personally reviewed by a trademark attorney in your area prior to committing yourself to a name that is similar to or the same as one already known to exist and that is known to be marketing the same or similar goods and services.

Good luck.

 

[kesliemack]

A name can be found infringing on the rights held by another if the name is the same or similar to an existing trademark and the new name works to confuse consumers as to the origin of the goods or services being offered.

There are many companies that use the same or a similar names to identify their business, their goods or their services. This is not always a problem if the companies confine their operations to different geographic areas or the companies offer different goods or services not likely to confuse consumers. For example, ABC the broadcasting company is not likely to be confused with ABC the appliance warehouse.

Some names, too, use words for their trademarks that are considered generic and cannot generally be protected under trademark law (unless or until the words gain a secondary meaning in the marketplace, as Kentucky Fried Chicken has).

The legal issues you are most likely to face will come if someone/anyone runs across your company and, because of your name and the products/services you are offering, believes your company is owned or operated by a company that was established before yours under the same or similar name.

What can happen if a trademark holder objects to your use of the name can range from you receiving a notice from the trademark holder to cease and desist the use of the name and can lead up to a trademark infringement suit. A lot will depend on the trademark holder as to what legal action will be pursued against a perceived infringer.

I recommend you have your proposed name personally reviewed by a trademark attorney in your area prior to committing yourself to a name that is similar to or the same as one already known to exist and that is known to be marketing the same or similar goods and services.

Good luck.

Thank you very much for your response and for how quick it was! Would you suggest/recommend contacting the person who holds the trademark and getting permission?

Thanks again!

 

[quincy]

Thank you very much for your response and for how quick it was! Would you suggest/recommend contacting the person who holds the trademark and getting permission?

Thanks again!

No, I do not recommend you contact the person who holds the trademark and get permission. A trademark is a company identifier used for the sole purpose of distinguishing one company from another. If all companies were to share trademarks, consumers would become hopelessly confused.

What I DO recommend is that you choose an identifier/trademark for your company that sets it apart from all other companies marketing the same or similar goods. If your company is unique, your trademark should be just as unique.

I also recommend, if you like the idea of using "Healing Essentials" as a trademark, you consult with a trademark attorney in your area to go over the legal risks of using this name.

You are smart, by the way, to consider the legalities before investing a lot of time and money into developing your business under a name that may infringe on the rights of others.

Good luck, Kelsie.