Re: Must you trademark a proper name, like SMITH?

Subject: Re: Re: Must you trademark a proper name, like SMITH?

Comments:
: : Hello... : : My last name is Smith. : : I want to call my business Smith Publishing : : I think there is another Smith Publishing : : Are proper names trademark-able? Necessary? Can I get into any problems if I use the same name? I believe the product line to be different. : : : Thank you! : The whole fact picture must be known to be able to answer the question. A trademark search would help as a start but is not the whole answer. Smith as a common name has no protection against the other Smiths in the world. Smith Publishing is not distinctive in itself. If it is registered, there could be a serious problem for you. If it is not the whole fact picure must be analized. Trade names are less enforceable but can be enforced against unfair competition. : There are solutions that can be found. Don't look for trouble. It costs less to be safe now than sorry later. : M. Arthur Auslander : E arly L egal A dvice I s N ot E xpensive : ELAINE's Workshop (sm): : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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