Re: Re: Corporate name vs. Trade Name

Subject: Re: Re: Re: Corporate name vs. Trade Name

Comments:
: : Dear Bob/Debbie: : : The nature of the name itself (is it generic or arbitrary or coined) and the type of use are always essential considerations in a case like the one you described. Without complete information, no answer can be offered herein. : : Generally speaking, once a term is used as a trade name in business, (openly and publicly - not just filing Articles of Incorporation or a DBA) such prior use of a trade name : : gives a user priority over a later, confusingly similar trademark. : : However to be protected as a trademark the trade name must be used (and should be registered) as a TRADEMARK. : : According to a recent Illinois decision, WHEN a trade name acquires secondary meaning (that is that the consumers can recognize the terms as distinctive of a particular traders' goods and services), prior use : : of the trade name gives the user priority, even if used in a trademark sense. : : The specifics of your case really cannot be answered in a nutshell but require the application of the law to the facts. : : For more information - visit us at www.brandXperts.com : : Best Regards, : : Anderson & Shippey : Thanks for your reply. This is Bob's situation and I have forwarded your answers to him to discuss with his client.

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any trademark or any facts relating to your circumstances. See a lawyer.
Before you post a message you must agree to the Terms of Use.