need help please on trademark

[spdmbls]

What is the name of your state? california

Hello Im starting a clothing line business i recently incorporated the name in 2006 before i did this i searched alot on (tess) every were the name was available @ that time and still is so was almost finished with the logo i was going to use for the business the name came back dead in the trademark (tess) office . then once i was ready to trademark I researched again the name is still dead in in (tess) then went oline to search it lead me to somebody in Canada has a magazine business that is used in commerce out in canada but he has it this way (XXXx magazine) with the same name i want to use for my clothing name reads xxxx is this possible can i still trademark the name or im out of luck or will this create a conflict for me in the future or is canada is canada and U.S is U.S help please confused. and stressed

Thanks

 

[divgradcurl]

Is the Canadian magazine sold in the U.S.? Does the publisher have a U.S. trademark?

If the Canadian company is not selling and marketing in the U.S., and hasn't registered a U.S. trademark, you should be okay. Even if they do sell or market, or have a trademark in the U.S., if your business does not overlap with theirs in any way, you still may be okay.

 

[spdmbls]

no they do not sell here in the U.S or advertise here.i looked them up and it says it is strickly a canadian magazine for canadians i hope the U.S trademark office is up to date because it is not trademark here in U.S that what their tess database looks like im going to call trademark office today to see everything clear thanks for the help any other help welcome thanks

 

[divgradcurl]

no they do not sell here in the U.S or advertise here.i looked them up and it says it is strickly a canadian magazine for canadians i hope the U.S trademark office is up to date because it is not trademark here in U.S that what their tess database looks like im going to call trademark office today to see everything clear thanks for the help any other help welcome thanks

Just remember, TESS only has a listing of registered trademarks. Trademark rights can be acquired through use of the mark in commerce -- registration is not required. You should do some other searching as well. There is another posting in this forum that I responded to yesterday that has a link to a Nolo Press website which discusses how to go about trademark searching -- you should check it out, the post is from yesterday I believe.