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Author Topic: Use of name when someone else has same name in two word TM  (Read 161 times)

TonyBrsd

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Hello all,

I’m looking to start an online store selling clothing and accessories. The name we would like to use is the last name of my fiancé. For example we’ll say the name is Smith. I did a search and there is a trademark for a clothing store named for example  John Smith.

Their mark basically states a lot about their logo design more than the wording and it does have the uses such as clothing etc. The other data section states that their mark does not represent a living person.

Question is can we use just the word Smith as our name or would we only be facing legal troubles down the road?
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MYK

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Re: Use of name when someone else has same name in two word TM
« Reply #1 on: 02-03-18 at 08:51 am »

As with anything regarding trademarks, it depends on the specific facts of the situation.  I vaguely recall that there is also caselaw specific to personal names, since so many people want to name their businesses after themselves.

You would need to go over the details with a trademark attorney.  It won't cost much, it can save you far more than even responding to a cease-and-desist letter would cost you, and it might save all of your branding expenses plus litigation costs and damages down the line.
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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.
 



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