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Author Topic: Same company name but different product line  (Read 843 times)

local-vate

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Same company name but different product line
« on: 03-27-11 at 01:42 pm »

this may sound a bit elementary for you folks, but I am a new small biz owner and want to know before registering my biz name; help here is greatly appreciated.

We have a name that will be filed with USPTO under cereals/oats classification.  Another registrant with the same biz name registered their name under apparel classification including t-shirts, shirts and etc.  Assuming since we are in two different line of business, there should not be rejections registering the biz name.  When my business grows and we want to promote our oats/cereals by selling t-shirts and other promotional items, are we restricted from doing so selling promotional items and t-shirts because other company is in that line of business?
« Last Edit: 03-27-11 at 01:54 pm by local-vate »
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BobRoberts

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Re: Same company name but different product line
« Reply #1 on: 04-15-11 at 12:01 pm »

If by selling your t-shirts, consumers would likely to be confused in believing that your t-shirts are affiliated with the apparel company, then I believe that you would have problems.

Good luck.
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JSonnabend

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Re: Same company name but different product line
« Reply #2 on: 04-19-11 at 07:25 am »

Bob may be right.  On the other hand, if your t-shirts are clearly secondary source identifiers, then you could be alright.

I assume from your handle that you are involved in the local food (and perhaps sustainable food?) movement?  If so, give me a call.  I might be able to handle this matter for you pro bono.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
 



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