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Author Topic: Name the same as a company in the UK. Can I use it?  (Read 906 times)

Kretivkwest

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Hi Y'all

Hope all is well.

I am starting a project here in California and a company in London all ready have have the name and have it trademarked in the UK and US, but have no project in  the US.

My concept is actually very similar and works best with the same name.

Could I use the same name with a USA included in the name? Or can I use the same name? 
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MYK

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Re: Name the same as a company in the UK. Can I use it?
« Reply #1 on: 04-14-17 at 02:10 pm »

Depends on whether they have any rights in the U.S.  You wrote that "have it trademarked in the UK and US", which means that they do.

In that case, if your goods/services are similar, you cannot use that name or any name that is "confusingly similar".  Merely adding a geographical designation to the end would be confusingly similar, so you would be out of luck.

If they have not registered in the US, have not made any US sales, and have not done any US marketing, then you might be able to get away with it.  You should talk with a trademark attorney first, because I guarantee you that the amount you spend on an up-front consultation will be much less than the amount you spend on a lawsuit and settlement if you missed something.
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

Raza-Associates

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Re: Name the same as a company in the UK. Can I use it?
« Reply #2 on: 05-15-17 at 06:18 am »

If that firm is registered in US, Then you should go for a slight change in name of your firm, also check that the registration of that company is in which class, if those classes are relevant to your products then you should change your name.
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artchain

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Re: Name the same as a company in the UK. Can I use it?
« Reply #3 on: 05-15-17 at 01:03 pm »

If that firm is registered in US, Then you should go for a slight change in name of your firm, also check that the registration of that company is in which class, if those classes are relevant to your products then you should change your name.

A "slight change" to the name may still cause likelihood of confusion.  If your name conflicts with a trademark that is registered or in use in the US (and the classes are the same or similar), then you should avoid the name entirely.

Raza-Associates

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Re: Name the same as a company in the UK. Can I use it?
« Reply #4 on: 05-22-17 at 07:55 am »

If that company is registered in USA in Similar class of your products, then it will be unethical to use the same name for your products, Try slight change in the name of your company and then you are good to go.
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