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Small Business name question

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Jordn

New member
Hello, I am a new music producer from Denver Colorado. AKA. The mile high city My producer name is Mile High City Music I haven't started my website for my beat store nor have I paid for a logo, trademark, ETC. I ran into another business in Colorado that goes by MileHImusic It says on their website they are Colorado premier site for all things music, I believe they promote local artists concerts. It also says at the bottom of their website all rights reserved. I just want to produce music and make beats for artist and I really really want to keep my name, I have a whole vision and logo idea etc. All based around my city Which I love already planned.... I am just nervous because the names are kind of similar but we do different things. I also checked the USPTO website to see if the name is trademark and nothing pops up. What do I do or how do I go about this, I would like to come together and do business with them maybe sometime in the future, But I really don't want to change my name. I thought about emailing them to see what they thought, But I rather get legal advice for this. What is the best option for this situation? Thank you!
 


Taxing Matters

Overtaxed Member
Trademarks are established by use of the mark in commerce, not by registration. Registration does, however, enhance enforcement of the mark. Your names are not exactly the same, but they are fairly close and that might cause confusion among consumers. On the other hand, there are apparently at least several businesses/groups in Denver that use some form of Mile High Music in their names. This means that while there is some potential for being sued for infringement the marks are also probably not very strong. Unfortunately, that also means that your mark probably won't be that strong, either. It's hard to stand out from the crowd when your name is so similar to theirs. I'm very familiar with Denver and lots of businesses use Mile High in their name. And that makes them all seem kind of generic.

So, I have two suggestions for you. First, see a lawyer who does trademark law in Denver to ask what your risk is of being liable for infringement if you use the name you picked out. Then if the lawyer says the name won't be a problem, you might want to see someone who is knowledgeable about branding. You might find that your name just blends in too much with others that use similar names and the expert might recommend a name that is more unique and will help you stand out from the crowd. I understand the appeal of the phrase Mile High for people in Denver, but it's used so often that it's harder to build a good brand name with it.
 

FlyingRon

Senior Member
Also understand that company names are distinct from trademarks (though you need to be careful that a company name might be used as a mark). The only requirement most states have on company names is they be unique.

I agree with TM that using a geographic reference doesn't make for a strong mark.
 

TigerD

Senior Member
Agree with the above but wanted to add - you may want to pick a different name - not because of trademarks, but because you are going to lose a significant portion of your potential business to them just because of the similarity.
 

quincy

Senior Member
Hello, I am a new music producer from Denver Colorado. AKA. The mile high city My producer name is Mile High City Music I haven't started my website for my beat store nor have I paid for a logo, trademark, ETC. I ran into another business in Colorado that goes by MileHImusic It says on their website they are Colorado premier site for all things music, I believe they promote local artists concerts. It also says at the bottom of their website all rights reserved. I just want to produce music and make beats for artist and I really really want to keep my name, I have a whole vision and logo idea etc. All based around my city Which I love already planned.... I am just nervous because the names are kind of similar but we do different things. I also checked the USPTO website to see if the name is trademark and nothing pops up. What do I do or how do I go about this, I would like to come together and do business with them maybe sometime in the future, But I really don't want to change my name. I thought about emailing them to see what they thought, But I rather get legal advice for this. What is the best option for this situation? Thank you!
The purpose of a trademark is to distinguish one company's goods/services from those of all others, so consumers know the origin of the goods or services being offered.

Any consumer confusion generated by the use of a trademark that is the same or similar to one already in use by someone else puts the second user of the mark at risk of receiving a cease and desist letter, a settlement demand letter, or a summons and complaint indicating an infringement lawsuit has been filed.

Instead of investing your time, energy and money into what could be a lawsuit magnet that wipes out your fledgling business, I recommend you come up with company identifiers (name, logo, slogan) that are unique to you alone.

Good luck.
 

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