Trademark Question

[SSB]

What is the name of your state? Louisiana

I opened up a company named Something Sweet Boutique. I was contacted yesterday by someones attorney that stated his client trademarked that name on September 14, 2007 and I can not use it. Her business name is Something Sweet Bowtique. I told him fine, I would change the name and I suggested Something Sweet ofr the Petite and he said I can't use that either. Is that really true. When I type my new name into the trademark search nothing comes up to say it is taken and when I type in Something Sweet many names come up as in use and using something sweet. The owner of the business that wants me to change it is saying they don't want me to use Something Sweet anywhere in my name. Why can't I use those two words? I see others using it. Something Sweet for the feet, Something Sweet for Someone Sweet. These names are in use so why can't I use Something Sweet for the Petite? Also a note, we sell to the same market; we both make and sell bows. I am in Louisiana she is in Arizona. Can anyone help me?

Thanks,

Crystal

 

[JoshDom1898]

I'm not sure that you can't use anything with the name "something sweet" in it, however, the legal theory behind why you wouldn't be able to use something sweet in your name is that it creates and fosters confusion in the marketplace.

If a reasonable person would be confused as to which is which, then you could be exposing yourself to unecessary litigation. If things are "substantially similar" that's where you get in muddy waters.

Talk to a corporate law attorney.

 

[HomeGuru]

What is the name of your state? Louisiana

I opened up a company named Something Sweet Boutique. I was contacted yesterday by someones attorney that stated his client trademarked that name on September 14, 2007 and I can not use it. Her business name is Something Sweet Bowtique. I told him fine, I would change the name and I suggested Something Sweet ofr the Petite and he said I can't use that either. Is that really true. When I type my new name into the trademark search nothing comes up to say it is taken and when I type in Something Sweet many names come up as in use and using something sweet. The owner of the business that wants me to change it is saying they don't want me to use Something Sweet anywhere in my name. Why can't I use those two words? I see others using it. Something Sweet for the feet, Something Sweet for Someone Sweet. These names are in use so why can't I use Something Sweet for the Petite? Also a note, we sell to the same market; we both make and sell bows. I am in Louisiana she is in Arizona. Can anyone help me?

Thanks,

Crystal

**A: register your tradename with www.uspto.gov