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Same Words In Company Name
- Thread starter loide
- Start date
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quincy
Senior Member
a
Trademarks are the words, slogans, logos, phrases, symbols, colors or other devices used to distinguish one company and its products or services from that of another. Trademarks need to be distinctive enough so that consumers are not confused as to the origin of the product or service being offered by the company.
The likelihood of consumer confusion is at the center of trademark law.
In the US, the first to use a trademark (the company identifier) in commerce will, in most cases and under most circumstances, be considered the owner of the trademark. This is different than it is in other countries, where the presumed owner of a trademark will be the first to register the mark.
For a company name like "Venus & John," either using the name "Venus" or using the name "John" for your own company could potentially lead to confusion among consumers, especially when the companies offer the same services or products. But all facts, including the locations of the different companies and the real names, need to be considered.
A consumer, for example, could potentially shorten the name "Venus and John" when referring to it, just as "The Walt Disney Company" is shortened to "Disney." Both the Walt Disney Company and Disney are protected under the law - and it is potentially possible that "Venus" or "John" could be protected in the same way.
On the other hand, naming an ice cream store "Ben's" may not confuse consumers into thinking the store is connected with "Ben & Jerry's." This is not to say that "Ben & Jerry's" couldn't challenge your use with a trademark infringement suit anyway, though. They could, and they might.
If you would like to provide your state or country name, and a few more details (leaving out the real names involved), I would be happy to provide you with more information although, as STEPHAN noted, if this is your own business you are forming, you are best advised to sit down with an attorney in your area for a personal review of the specifics.
Whatever name you are thinking of choosing, you will want to do a thorough trademark search prior to investing in a name for your company. You do not want to face a legal action that disrupts your business at its start. The search should include not only those names that are registered federally or with the states, but also those names that are not registered.
Good luck.
loide, what is the name of your state or, if not in the US, what is the name of your country?
Trademarks are the words, slogans, logos, phrases, symbols, colors or other devices used to distinguish one company and its products or services from that of another. Trademarks need to be distinctive enough so that consumers are not confused as to the origin of the product or service being offered by the company.
The likelihood of consumer confusion is at the center of trademark law.
In the US, the first to use a trademark (the company identifier) in commerce will, in most cases and under most circumstances, be considered the owner of the trademark. This is different than it is in other countries, where the presumed owner of a trademark will be the first to register the mark.
For a company name like "Venus & John," either using the name "Venus" or using the name "John" for your own company could potentially lead to confusion among consumers, especially when the companies offer the same services or products. But all facts, including the locations of the different companies and the real names, need to be considered.
A consumer, for example, could potentially shorten the name "Venus and John" when referring to it, just as "The Walt Disney Company" is shortened to "Disney." Both the Walt Disney Company and Disney are protected under the law - and it is potentially possible that "Venus" or "John" could be protected in the same way.
On the other hand, naming an ice cream store "Ben's" may not confuse consumers into thinking the store is connected with "Ben & Jerry's." This is not to say that "Ben & Jerry's" couldn't challenge your use with a trademark infringement suit anyway, though. They could, and they might.
If you would like to provide your state or country name, and a few more details (leaving out the real names involved), I would be happy to provide you with more information although, as STEPHAN noted, if this is your own business you are forming, you are best advised to sit down with an attorney in your area for a personal review of the specifics.
Whatever name you are thinking of choosing, you will want to do a thorough trademark search prior to investing in a name for your company. You do not want to face a legal action that disrupts your business at its start. The search should include not only those names that are registered federally or with the states, but also those names that are not registered.
Good luck.
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Thank you for your informative response quincy! I really appreciate it.
The company is in the United States. It is associated with bedding/sleep type products (sheets, pillows, comforters). The other company does business in another state.
As stated, the industry is the same and the types of products sold will be generally the same in terms of category. But I was curious to know if a company hypothetically called Venus & John exists, whether it would pose legal issues to naming your company Venus.
If there's any additional information you can offer it will be appreciated!
Thank you
The company is in the United States. It is associated with bedding/sleep type products (sheets, pillows, comforters). The other company does business in another state.
As stated, the industry is the same and the types of products sold will be generally the same in terms of category. But I was curious to know if a company hypothetically called Venus & John exists, whether it would pose legal issues to naming your company Venus.
If there's any additional information you can offer it will be appreciated!
Thank you
quincy
Senior Member
First, you're welcome. I appreciate the thanks.
Second, I can add to what I already said the following:
IF the companies market their bedding/sleep-type products in different geographic areas - for example, if the Venus & John company is in Massachusetts and the Venus company is in California and both companies only market their bedding goods to those residing in their own states - then both companies can potentially use similar (or even the same) trademarks without conflict. The consumers in Massachusetts are unlikely to confuse the Venus & John bedding company in their state with a bedding company named Venus located in California.
It would be interstate commerce - the selling by the Venus company in California of their goods in Massachusetts - that could create for either the Venus company or the Venus & John company some trademark issues. And federal registration of one of the marks can create trademark issues for the other company.
And there is more than just the geographic area needs to be considered.
If one company is famous, the company can potentially prevent ALL other companies from using their mark, even when the goods and services being offered are different. I cannot open any store named Disney without facing an infringement notification from the Walt Disney Company. The name Disney is solidly connected in people's minds with the Walt Disney Company to the extent that another's use of the trademark as an identifier for their own company will not be permitted. This will generally be true for any famous trademark like Microsoft or Kodak or Adidas, etc.
If you have any other question, I can attempt to answer that for you - but the particulars of your situation will still require the personal review of an attorney in your area.
Again, thank you for the thanks. Good luck.
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