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Variations in words, acronym, etc RE:Trademark

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M

mirth2

Guest
I am operating a LLC out of the state of Ohio. My company performs services in just the state of Ohio. I want to trademark my company's name and the acronym that my company usually goes by. I just found out that there is a company that is registered in the state of Delaware but operates out of Washington that has the same mission but operates nationally. I found them listed on USPTO.gov when I was looking to trademark my company's logo and acronym. Here is an example of the situation.

My company's name is the 'National Society Recognized Achievers' and the acronym is 'NSRA'.

The other company's name is the "National Society Youth Achievers' and their trademark (typed drawing) is 'NSYA'.

In this scenario, am I in violation of their trademark? If I am, can I change my company's name to the "National Society of Recognized Accomplishments" and still operate under the acronym 'NSRA?'

My company provides services on a state/local level where the other company provides services nationally. Both companies have the same purpose and do perform some of the same activities. Any help is greatly appreciated.
 


M

mirth2

Guest
let me be more specific about my first question concerning the name. My services are more broad while the national company only provides services for a select number of people. I don't know if that makes a difference.

Thanks
 

divgradcurl

Senior Member
In this scenario, am I in violation of their trademark?
Have you been sued yet, or are you just looking ahead?

Trademark infringement is very fact-specific, and the test is "likelihood of confusion." The fact that you have a very similar name, a very similar acronym, and are in basically the same line of business all work against you. However, that doesn't mean you are infringing -- it just means that the facts you have given don't really work in your favor.

If I am, can I change my company's name to the "National Society of Recognized Accomplishments" and still operate under the acronym 'NSRA?'
Whether or not that would make a sufficient difference is, again, very fact-specific. Probably the best thing you could do is take all of your information to a local attorney with experience in trademarks who can help you determine how best you can protect your trademark rights without stepping on anyone Else's, and avoid any lawsuits in the future.

is copyright an altogether different problem?
Yes. And based on what you have provided, copyright isn't an issue here.

let me be more specific about my first question concerning the name. My services are more broad while the national company only provides services for a select number of people. I don't know if that makes a difference.
Probably not in this case. The problem here is twofold -- someone beat you to the punch by registering their trademark first, and you are both in the same line of work -- even though the coverage is different, it overlaps.

Because the other person registered their mark first, they have nationwide protection for their mark, even though they only do business in a limited region.

Again,you really should discuss these matters with a local attorney who can review ALL of the facts and help you map out a strategy to protect your rights while not stepping on anyone else's.
 

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