• 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.

company name has been trademarked

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

E

ejh52

Guest
What is the name of your state? Colorado

I am just about to set up a limited liability company. I will be the only member of the company, which I am setting up to provide computer training to older adults, especially senior citizens. I finally thought of a name, and searched for it in the US Patents & Trademarks website. Someone trademarked the same name several years ago. She registered it when living in Utah, which is what the registration still shows as her contact info, but now lives and does business in Oregon. She also has a website registered with the name of the business as a .com. Her business is coaching, training, supporting managers and employees in businesses. She has clients nationwide.

I plan to do business in Colorado only, and likely will start out as an independent contractor working through other established companies in Colorado. I have been advised to set myself up as some sort of entity so I can be paid in the name of the entity, instead of in my own name.

Can I use the same name for my company at all, in any form? For example, if the name of her company is WeDo4You (TM), can I use that name at all in my company name? What if my company name is WeDoForYou? What if my company name is WeDoForYouing? Or WeDo4You Computer Training? Or WeDo4You Technologies? (You get the idea.)

I've checked for businesses registered in Colorado--no other company is registered in Colorado as WeDo4You as a limited liability company, or any other type of company.

Thanks in advance for your help.
 
Last edited:


divgradcurl

Senior Member
If the other person has a trademark registered through the US Trademark Office, then that trademark is protected throughout the U.S., and it doesn't matter if she is doing business in Utah or Oregon. If you use the same name or a "confusingly similar" name, and your business is similar to hers, you could be infringing on her trademark.

You should talk with an attorney experienced in trademark before settling on a name that is similar to a name covered by a registered trademark.
 
E

ejh52

Guest
divgradcurl,

thanks for your reply--i had the opportunity to consult with a lawyer, and she advised me to... you got it... come up with another name.

ejh52
 

Find the Right Lawyer for Your Legal Issue!

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