• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Same Business name in Other State

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

JFR

Junior Member
What is the name of your state? IL

I have a 6-month old publication (ethnic magazine) in Illinois and I'm taking the publication to be circulated nationally. However, I found out that another publication with the same name is already in State of Virginia. This publication in Virginia had been in business longer than we do.

Since Virginia is a market that we definitely want to penetrate in, can I get a federal trademark for the name and will that allow me to enter Virginia and get them to change their name (I'm pretty sure that they didn't trademarked the name, either federal or state)?
 
Last edited:


I AM ALWAYS LIABLE

Senior Member
JFR said:
What is the name of your state? IL

I have a 6-month old publication (ethnic magazine) in Illinois and I'm taking the publication to be circulated nationally. However, I found out that one of the another publication with the same name is already in State of Virginia. This publication in Virginia had been in business longer than we do.

Since Virginia is a market that we definitely want to penetrate,can I get a federal trademark for the name and will that allow me to enter Virginia and get them to changed their name (I'm pretty sure that they didn't trademarked the name, either federal or state)?

My response:

Are you merely the owner, or are you the owner and editor?

IAAL
 

I AM ALWAYS LIABLE

Senior Member
JFR said:
I am both. Will it make a difference if I am just an owner and not the editor?

My response:

No, it won't make any difference in terms of the trademark. However, it will make a difference concerning the success of your magazine. The reason why I'm saying this is because you need to take a remedial course in English grammar and writing skills. In other words, your writing sucks.

I would strongly suggest that you hire someone else to be editor - - preferably someone who went past the tenth grade.

IAAL
 

JFR

Junior Member
Thanks for the kind reply. But just so you know, it is an ethnic magazine and it is a non-english publication.
 

divgradcurl

Senior Member
JFR said:
What is the name of your state? IL

I have a 6-month old publication (ethnic magazine) in Illinois and I'm taking the publication to be circulated nationally. However, I found out that another publication with the same name is already in State of Virginia. This publication in Virginia had been in business longer than we do.

Since Virginia is a market that we definitely want to penetrate in, can I get a federal trademark for the name and will that allow me to enter Virginia and get them to change their name (I'm pretty sure that they didn't trademarked the name, either federal or state)?
You can get a federal trademark, and if you do, that will allow you to keep THEM from expanding out of Virginia -- however, it will not give you the right to stop them from using the name in the areas they already use it in. Just because they don't have a registered trademark doesn't mean they don't have rights -- they may still claim common-law trademark protections. In any event, a federal trademark registration does not allow you to assert the mark against preexisting users of the mark.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top