What is the name of your state (only U.S. law)? California
Hello, I want to start a computer repair business called EasyTechSD however I just found out the tech support department at Staples is called "Staples EasyTech" which is a registered trademark. EasyTech itself is a registered trademark so I'm not sure how Staples is using it and I am not sure if I can use it as well, does anyone have any advice?
Thank you.
If a trademark holder believes your use of the same or similar name as an identifier for your company product or service confuses consumers, or is likely to confuse consumers, into thinking your company is affiliated with the trademark holder's company, you can be sent a cease and desist letter or an injunction can be issued against you or you can be sued (or all of the above).
Whether any legal action will be a successful one is a question mark but getting to the point of success or failure can be costly.
When starting any new business, it is smart to have an attorney involved to provide you with advice that can keep your business lawsuit free. By addressing the legal risks at the beginning, you better ensure your business will not be faced with a business-ending lawsuit.
I recommend you find a name to identify your business and its services that is unique to you alone. Although it is possible for two entities to share a name if the goods/ services are in different classes or the geographic areas of operation are different or the goods/services are not being marketed to the same consumers, it is still a risk that a developing business is best off not taking.
You can review your plans with an attorney in your area to get a better idea of what you can face by having a trademark that is similar to another's. Good luck.
Here is a link to the US Patent and Trademark Office:
http://www.uspto.gov
