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Re: Please help!!!!!!

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Posted by M. Arthur Auslander on March 06, 2000 at 05:05:10:

In Reply to: Please help!!!!!! posted by Treeboy on March 04, 2000 at 18:07:22:

: If there is a company name with a TM, can I call my company the same name,the only diference is they are irriagation and we do fertilizing, we are registered in the 2 counties we will be working in. I just went through a situation like this and changed my name before there could be any trouble. It is not cheap to keep doing this. Please advise me on what to do.
: VERY CONFUSED,
: (Treeboy)
A tm is a warning that there is a claim to a trademark or sevice mark. R in a circle is a statutory notice that a mark is registered.
A tradename is a business name. It can also be used as a trademark or service mark, for instance General Motors is both a trademark and trade name.
Even with trademarks they only protect the goods or services they apply to, unless they are well known, like Coco Cola. Then the law allow reaching a use beyond the mark.
It get confusing I'll admit. Searching can help protect you.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE's Workshop (sm)
E arly L egal A dvice I s N ot E xpensive

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Subject: Re: Re: Please help!!!!!!

Comments:
: : If there is a company name with a TM, can I call my company the same name,the only diference is they are irriagation and we do fertilizing, we are registered in the 2 counties we will be working in. I just went through a situation like this and changed my name before there could be any trouble. It is not cheap to keep doing this. Please advise me on what to do. : : VERY CONFUSED, : : (Treeboy) : A tm is a warning that there is a claim to a trademark or sevice mark. R in a circle is a statutory notice that a mark is registered. : A tradename is a business name. It can also be used as a trademark or service mark, for instance General Motors is both a trademark and trade name. : Even with trademarks they only protect the goods or services they apply to, unless they are well known, like Coco Cola. Then the law allow reaching a use beyond the mark. : It get confusing I'll admit. Searching can help protect you. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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Re: Please help!!!!!!

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