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Similar Company name for local service business

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kickit

Junior Member
What is the name of your state (only U.S. law)? CA

We have a local service business. For the purpose of this forum, let's call it Spiffy Plumbing and assume it is only a local business, no interstate commerce.

Spiffy Plumbing went into business in the San Diego, CA area in 2002 with a fictitious business name filing, a website and an LLC filing in Delaware.

In 2010, a new plumbing company called Spiffy Pipes went into business in the same area (within 20 miles), with at least a website.

Spiffy is not registered as a trademark with USPTO for plumbing.

We have not registered Spiffy or Spiffy Plumbing as a trademark.

Can we say that Spiffy Pipes is violating our Service mark or Trademark?

If we do not register Spiffy Plumbing as a Trademark and send them a cease and desist letter and they try to file for a Federal, State or local Trademark, Servicemark or Tradename, could they get it?

Would a State of California Trademark or Servicemark suffice in this case? Or even necessary?

We really do not want to get into a legal battle. My hope is that we send them a letter asking them to stop using the name and they do. My fear is they start trying to take legal action against us because we did not register the name.

Thanks for your help ahead of time.What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
Trademark rights arise from use in commerce not by running off to the USPTO.
Sure you can argue that you have trademark rights and they are infringing. A lawyer will write a cease and desist letter to see if that gets them to back off. If not, you;ll have to sue.
 

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