Trademark words for business

[mbtran321]

What is the name of your state (only U.S. law)? Texas

Was looking at starting up a small business.

"SMILETREE" is trademarked mark from Illinois with the uspto as a charitable fundraising.

We were looking at naming the business "Smile Tree Family Dental" or something along those combination as a dental practice in Texas.

Is this infringing on this trademarked name? Smiletree.org is the primary website and logo is on there. We have no plan of having anything similar to that logo. Style etc. this trademark name is confusing. I have reached out to the attorney that filed the paperwork to inquiry but was wondering while waiting on thoughts etc

Thanks in advance

 

[FlyingRon]

If it is likely that they could be confused, it can be infringing. SMILETREE (the organization) seems to have national presence and is involved in fundraising for dental purposes. They may quite reasonably argue your use for a dental office may be confusing.

THere's nothing you can "apply" for that will tell you if your use of the mark is going to cause problems.

The best bet would be to either come up with a new mark or have an agreement with SMILETREE as cooperative use of the mark.

 

[quincy]

What is the name of your state (only U.S. law)? Texas

Was looking at starting up a small business.

"SMILETREE" is trademarked mark from Illinois with the uspto as a charitable fundraising.

We were looking at naming the business "Smile Tree Family Dental" or something along those combination as a dental practice in Texas.

Is this infringing on this trademarked name? Smiletree.org is the primary website and logo is on there. We have no plan of having anything similar to that logo. Style etc. this trademark name is confusing. I have reached out to the attorney that filed the paperwork to inquiry but was wondering while waiting on thoughts etc

Thanks in advance

The combination of two unrelated words (smile + tree) to create a single word trademark makes SMILETREE a strong trademark. Any other use of the same mark, even if used for different goods or services, is likely to be denied registration or opposed by the current holder of the mark.

It is best to start your new business with a name that is unique to you.

Good luck with your dental practice.

 

[mbtran321]

If it is likely that they could be confused, it can be infringing. SMILETREE (the organization) seems to have national presence and is involved in fundraising for dental purposes. They may quite reasonably argue your use for a dental office may be confusing.

THere's nothing you can "apply" for that will tell you if your use of the mark is going to cause problems.

The best bet would be to either come up with a new mark or have an agreement with SMILETREE as cooperative use of the mark.

THANKYOU FOR THE ADVICE. We will come up with a different name. Thanks again!

 

[mbtran321]

The combination of two unrelated words (smile + tree) to create a single word trademark makes SMILETREE a strong trademark. Any other use of the same mark, even if used for different goods or services, is likely to be denied registration or opposed by the current holder of the mark.

It is best to start your new business with a name that is unique to you.

Good luck with your dental practice.

THANKYOU FOR THE ADVICE. We will come up with a different name. Thanks again!

 

[quincy]

THANKYOU FOR THE ADVICE. We will come up with a different name. Thanks again!

You're welcome, mbtran321. Thanks for the thanks.

I think starting a new business with a name that is uniquely your own is smart.

Good luck.