I started my LLC with a DBA name, for example Mrs. ABC. But now I would like to change the DBA to for example Mrs. XYZ. In the near future, I would like to do a trademark of the Mrs. XYZ name. However, there is another trademark already existing named Mrs XYZ (without a period). This name is perfect for my business, so I would like to keep it. Should I be able to trademark Mrs. XYZ (with a period) or the one with a period can cause a lot of problems down the road? Thanks.
More important will be the branding, appearance, and similarity of goods/services. Certainly if there is a lot of crossover regarding what you do - there may eventually be grounds for a lawsuit (not necessarily a winning lawsuit, but defending a lawsuit is also very expensive).
You should retain an IP attorney to do some background and advise you on how to proceed so you can get as close to what you want as you can while still protecting yourself.
Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC
That will be a problem since someone already has a nearly identical tradename.
The forgoing advise is just a general observation and may change dependinfg on your specific facts and circumstances.It should not be relied upon without consultation with an attorney experienced in thiese types of transactions.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.
That being said, whether or not there is a period in the mark will likely not serve as a defense if you are sued for unfair competition (by using a business name that will confuse the public and harm the original XYZ business nameholder). There are many more facts that I would need to know before responding accurately, however. You should speak with an attorney before using the XYZ name.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
Employment, Business and Health Law
One Belmont Avenue, Suite 501
Bala Cynwyd, PA 19004
Answered 8 months ago. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law apply, unless otherwise specified. /Christopher E. Ezold/ The Ezold Law Firm, P.C. One Belmont Avenue, Suite 501 Bala Cynwyd, PA 19004 (610) 660-5585 Cezold@Ezoldlaw.com www.ezoldlaw.com