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Author Topic: Is SwiftStaple too close to Staples?  (Read 210 times)

kinkoku

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Is SwiftStaple too close to Staples?
« on: 10-27-17 at 03:43 am »

Hi Everyone,

Thanks in advance for reading my post and for any insight you might be willing to share.

I am interested in launching an ecommerce platform of sorts (Amazon, ebay, website) dealing in arts & crafts and office supplies.

One of the company names im interested in and have found a domain for is SwiftStaple.

Do you think I might encounter problems when trying to trademark SwiftStaple given the existence of the giant company Staples which sells similar products? Would such a name be too similar to staples being that we would be selling similar products?

Thanks again and sorry for my broken english and general ignorance of trademark law, I am a student from Thailand living in the US and understanding the complicated legal guidelines is a challenge  :)

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artchain

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Re: Is SwiftStaple too close to Staples?
« Reply #1 on: 10-27-17 at 11:26 am »

Before getting to hung up about trademark law, it's a good idea to step back and think about the purpose of the law.

Trademarks protect brand identifiers.  The trademark identifies the source of goods or services.  One of the fundamental goals of trademarks is that the source identification is clear - in other words, there shouldn't be confusion between brands.

So - with that in mind - I think that your proposed brand might be confusing.  "Is this website associated with Staples?"

A second thing you need to consider is how other trademark holders are likely to respond to your brand, especially if they are much larger than you.  I suspect that Staples attorney would take a dim view of your use of "SwiftStaple"

My advice to people starting businesses is to avoid unnecessary problems.  You haven't invested anything in the brand at this point.  Think of another name where you are not likely to run into conflicts.

 



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