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[GabbyG]

For two years I have had a blog about regional travel. The name of my blog and website is a three-word phrase that was the title of a travel guidebook to this region in the 1990s. (I wasn't aware of this when I started my blog.) At that time, this guidebook was part of a series of regional guidebooks across the country with similar titles. Those guidebooks are no longer published by the publishing company and were replaced by a similar series of travel guidebooks with a completely different title. The title of the previously-published series was a registered trademark. That trademark was canceled in 2005, reason unknown to me.

For example's sake:
My blog since 2007 - Northeast Smart Traveler
The local book last published in 2000 - Northeast Smart Traveler (there was also Southwest Smart Traveler, etc.)
The registered trademark now canceled - "Smart Traveler"

The publishing company is local to my city although they publish books nationally. They are very likely aware of my blog, as I have corresponded with some of their authors for stories and follow them on Twitter, etc. I have never had any conversation with anyone about the title of my blog, the title of their book, or the trademark issue.

I am suddenly nervous about the name of my blog. I am growing it into a revenue-producing blog and was about to register as a business with my state and possibly register the name of my blog as a trademark. However, now I am nervous that the book publishers may ask me to change the name of my blog or sue me or something. Changing the name of my blog would be a bummer because it's a great name and my blog has quite a following, but I can't afford to pay legal fees if I were to be sued. And if I were to need to change the name of my blog, it would be best to do it now, before registering as a business and growing the name recognition even more this next year with my growth plan.

What do you think - about how much risk am I facing? Should I meet with a trademark attorney, and if so, about how many hours of their time would I expect it to take to consult with me on this? THANKS.

[JSonnabend]

The short answer is, the longer you use it without being contacted, the lesser your risk.  That said, the trademark owner may come after you at any time, and while a delay in enforcement may help your defense, the realty would still be that you would have to deal with an enforcement action.

- Jeff