Do these people have trademark rights by labeling there buisness Facebook a buisness they are not even called?

Asked over 1 year ago - Reno, NV

I want to launch a magazine under Reno pulse but I found a buisness using a Facebook called "pulse Reno".There buisness is not even called pulse Reno or Reno pulse but rather PULSE COMMUNITY. They are like a photogrophy fashion type buisness and they label there photos and advertise as pulse community or PULSE which I am seeing more and more of..They only name there Facebook pulse Reno to optimize and advertise the word pulse and I guess Reno to show there location and gain a audience in this city.They are not a magazine so even if they have the name I doubt it's federally trademarked can I launch under Reno pulse which at first I'm going to be ecommerce and advertise as a magazine by labeling it that and then launch as a full fledge magazine..We are not going to do any fashion.

Attorney answers (3)

  1. Maurice N Ross

    Pro

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . Trademark rights arise from use in commerce, not registration. The business using "pulse Reno" is the senior user compared to you, even if it has not registered the trademark. Since both of you are operating in Reno, the main issue is whether proposed trademark would cause confusion among consumers. Without knowing a great deal more information, I could not advise on the likelihood of consumer confusion. You might be able to argue that the term "pulse" is generic or descriptive, and combining it with "Reno" cannot violate trademark rights. But you face a big uphill battle here. You are practically asking to be sued if you proceed with your plan. Unless you have a big war chest to pay lawyers to defend you litigation for trademark infringement, you would be wise to select a different name for your magazine.

  2. Bruce E. Burdick

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You are asking a bunch of questions after already having done that several times before. Avvo is not a recipe for avoiding hiring competent legal counsel, it's a place to find one to hire. Use it for what it's intended. You are here asking because you are in a mess due to not hiring an attorney. That was foolish. Don't continue. You have a potential conflict and you are in over your head, which is why you are here asking questions. Do the smart thing an call a business attorney, a trademark attorney or an Internet attorney. Any one of those should be able to help you sort through this. My choice for your issue would be a business lawyer, as your mess in regard to your business name tells me you likely have many other legal problems you have not even considered.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more
  3. Andrew Endicott Schrafel

    Contributor Level 14

    1

    Lawyer agrees

    Answered . I agree with the prior answers, you should engage a competent attorney to advise you before making a business decision which will have big effects in the future.

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