Hello all,
I am starting a business here in Oregon and I would like to be able to eventually sell my product online to everywhere in the United States. I recently found out that there is a business in Singapore doing the what I want to do with the name that I want to use. That being said, here is what I have come across:
1.) The company has very little online presence. The only thing I could find was an instagram account with only ten posts with the latest post being two weeks ago and the first one posted seven months ago.
2.) I searched the USPTO website and could not find anything listed for that name. I'm not sure if it would show up because the company is in Singapore.
3.) I did a search from a website online that claims to do an international search for trademarks. This search came up with nothing.
4.) I did find one website (www.xxx.com) that shows there business and registration number and date in Singapore. However, the name they have trademarked has the word "Industries" in front of it.
So for example, let's say that I wanted to use the name Bellham shirts, but I then I find out that another shirt company in Singapore is called Bellham shirts, but their trademark page is registered under "Bellham Industries"
I am using fictitious names here, but basically let me break this down:
A.) I want to name my company Bellhaven Shirts.
B.) On their instagram, they are called Bellhaven Shirts.
However...
C.) Under the registered trademark name, they are listed as Bellhaven Industries.
Would this make any difference?
5.) As far as I know that do not have any business or market presence in the US. There is barely any information about this company outside of the instagram page. I did come across a link for the owner of the company and it takes me to a facebook page of what looks like a teenage boy in Singapore.
6.) The www.xxx.com site says that the company name was trademarked two years ago.
I would really appreciate any insight about my situation. I would love to use this name, move forward, file a trademark registration and use this name without any problems. Any advice?
It is often not a problem in the US to register a trademark for goods/services marketed only in the US when there is the same name being used to identify goods or services in a different country, if the geographic markets for the goods/services do not cross.
But facts will always matter.
Following is a link to the United States Patent and Trademark Office's Trademark Manual of Examining Procedure for 2016 which, although a lot to digest, tells you what a trademark examiner looks at when determining whether an application for a trademark will be approved or denied.
https://mpep.uspto.gov/RDMS/TMEP/current
It is always best to come up with a name for your goods/services that is unique to you. This can be done by making up a word (like Google or Kodak), or by combining two words into one (like Comcast derived from communication and broadcast), or by using a word in a way different than expected (like Penguin for books, Diesel for clothes, Apple for computers).
You would be smart to sit down with an IP attorney in your area for a review of the specific name you want to use, this before investing a lot of time, money and effort into developing your business under this name.
(your post has been reported for editing to remove the links, but it will be returned once editing is complete)
