Question

Topic: Branding

Similar Brand Names

Posted by mechellewilliams7882 on 10/7/2015 at 3:02 PM ET 25 Points
I'm starting up a online service business . I researched the trademark pattern office. And a similar name came up.For example purposes only. the name I want to use is FEMfantastic inc. (One word) The name that was registered is fantastic fem. Under there disclaimer it said that no exclusive rights to fem. So am I able to use this brand name. And yes we are under the same service. They have a studio, mine just a small online business...
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RESPONSES

  • Posted by Peter (henna gaijin) on 10/7/2015 at 6:13 PM Accepted
    You didn't actually ask a question. Presumably you are asking if we agree with you?

    If people could be confused between your business and their business, then there likely is a trademark issue.
  • Posted by mechellewilliams7882 on 10/7/2015 at 6:15 PM Author
    The question is am I able to use the brand name
  • Posted by Jay Hamilton-Roth on 10/7/2015 at 8:26 PM Accepted
    We're not lawyers, but my understanding is you can file any name you want. And if they consider your name infringement, they can sue you (and not necessarily immediately, just when they notice you). So, if you already know there's a potential for a problem, why take the risk?
  • Posted by mgoodman on 10/7/2015 at 8:42 PM Accepted
    This is not legal advice. I am not a lawyer.

    I suspect Jay is correct. My concern, though, is why you would want to come so close to their name as to possibly confuse customers. Are you not confident in your ability to attract customers and deliver a unique benefit, and you're therefore hoping to "borrow" some goodwill from another company?

    I suspect there's an ethical element to this as well. Why not take the high road and come up with a name that speaks to your uniqueness?
  • Posted by mechellewilliams7882 on 10/7/2015 at 9:01 PM Author
    Wow that was a huge assumption and insult
  • Posted by mgoodman on 10/9/2015 at 6:21 AM Moderator
    I'm sorry you took that as an insult. It wasn't intended to be one.

    Perhaps you can explain why you're asking about a name that is so close to an existing mark.
  • Posted by Shelley Ryan on 11/20/2015 at 5:41 PM Moderator
    Hi Everyone,

    I am closing this question since there hasn't been much recent activity.

    Thanks for participating!

    Shelley
    MarketingProfs
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