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am I ok



 
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Old May 3rd, 2008 May 3, 2008 10:33:59 PM -   #1 (permalink)
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Default am I ok

Ok there is a company with a similar name to what i have in mind for my company. They dont make clothing or anything. They are a production company(movies). They are also based out of france.

From what i read i am ok. There company is registered in europe and mine in the U.S. Plus we aren't in the same area. I just want to make sure i am reading right and i want to cover all my bases.

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Old May 3rd, 2008 May 3, 2008 10:45:58 PM -   #2 (permalink)
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Default Re: am I ok

i would think so too since ur in a different field, but there might be problems if u wanna get into what they do or vice versa
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Old May 3rd, 2008 May 3, 2008 10:51:44 PM -   #3 (permalink)
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Default Re: am I ok

You need to talk to an IP (intellectual property) lawyer about this to really be sure. We can't give you legal advice worth two shakes of a dog's tail.
 
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Old May 4th, 2008 May 4, 2008 4:34:48 PM -   #4 (permalink)
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Default Re: am I ok

yea i know but i dont have the money for a lawyer.

there company is one4one and mine is one for one clothing. they are in the film and mine clothing but both are related to paintball.

but with my understanding that even if i wanted to use the same name i am ok since they are located and registered in France.

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Old May 4th, 2008 May 4, 2008 7:02:55 PM -   #5 (permalink)
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Default Re: am I ok

Quote:
Originally Posted by maddog9022
yea i know but i dont have the money for a lawyer.

there company is one4one and mine is one for one clothing. they are in the film and mine clothing but both are related to paintball.

but with my understanding that even if i wanted to use the same name i am ok since they are located and registered in France.

Thanks
Yes, I have heard something very similar and can only offer that as an opinion not legal advise as I cannot say for sure. Beyond that the only way to get a complete answer is to consult an attorney.
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Old May 4th, 2008 May 4, 2008 7:15:02 PM -   #6 (permalink)
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Default Re: am I ok

I agree you would need to ask an attorney. The name you are talking about using is basically the same name as the company in france whether you spell out the word for or use a number 4, I'm pretty sure it would be construed as the same.
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Old May 4th, 2008 May 4, 2008 7:35:08 PM -   #7 (permalink)
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Smile Re: am I ok

I'm pretty sure you can use the name, just as long as your company logo is not the same as theirs. They might have a copyright on the 4 [and it seems you're using "for".
For example: there are businesses named Quisnos....bc the sub shop Quiznos only has a copyright on the "z".

Hope this helps!
 
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Old May 4th, 2008 May 4, 2008 7:46:26 PM -   #8 (permalink)
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Default Re: am I ok

Quote:
Originally Posted by sunnydayz
I agree you would need to ask an attorney. The name you are talking about using is basically the same name as the company in france whether you spell out the word for or use a number 4, I'm pretty sure it would be construed as the same.
I agree Bobbie, I would think it would be seen as the same name. I would not be comfortable that just because the other company is located in France that their location matters at all with so many companies being global these days. There is simply no way to know for sure without legal advise. It's certainly in your best interest to research it. Although I understand and value all opinions expressed here that is all they are. In the long run it is going to be you and your company affected by the choice. It just seems more prudent to stay on the side of caution and speak to a lawyer who is qualified to give you accurate and up to date information.
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Old May 5th, 2008 May 5, 2008 2:12:37 PM -   #9 (permalink)
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Default Re: am I ok

I wouldn't think you'd have a problem. What I did was a trademark search with the USPTO web site. It is free to search to see if there are any names close. You can also register your trademark using their site. There is a cost involved but nothing like the expense of a name change down the road. I used LegalZoom for my filing and they did a great job, but you can do it on your own. Remember, this is the government you're dealing with so dot your i's and cross your t's! Good luck.
 
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Old May 5th, 2008 May 5, 2008 2:50:51 PM -   #10 (permalink)
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Default Re: am I ok

As loftgolf covered you need to check they aren't also registered in the US, a lot of companies now register in their main areas they are trading or plan to trade because as said before the world is now a much smaller place than it was 10 years ago and global trading a lot easier.

Is there a reason you are so determined to use that name? (Sorry I don't know much about paintballing so this could be a very good name to use) Is there an alternative that would set you apart?

I'm not sure how it works there but in Australia they look at two aspects when you register a business name, the name (obviously!) and the type of business. What they are looking for is that the name can't create "confusion" between the two businesses. So here, because of the fact you have added clothing to the name they would most likely allow it (assuming the other name was already registered here) because you are clearly identified as a clothing store so the chance of customers misunderstanding is small
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Old May 5th, 2008 May 5, 2008 4:47:48 PM -   #11 (permalink)
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Default Re: am I ok

Thanks everyone.

I do know that none of this is true legal advise. I was just wondering if anyone had the same thing and could help me alittle bit.

Loft- Thanks i will look at that.
 
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Old May 5th, 2008 May 5, 2008 5:45:07 PM -   #12 (permalink)
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Default Re: am I ok

Trademark laws are designed to prevent confusion in the marketplace. I'm not sure how someone could confuse a clothing company in the US with a film company in France especially if the names are not identical so you shouldn't have a problem. It would be easier if we knew what the two names were.
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Old May 5th, 2008 May 5, 2008 6:13:27 PM -   #13 (permalink)
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Default Re: am I ok

This is always such an exasperating area of the business. I researched this stuff quite a lot way back. There is some good info here. FAQ - STOP! Read that bit in the middle about "Can I obtain international patent protection for my invention?" It talks about international protection/limitation.

One is the Paris Convention for the Protection of Industrial Property which governs 140 participating countries, including the United States. It provides that each member country guarantees to the citizens of the other countries the same rights in patent and trademark matters that it gives to its own citizens. The treaty also provides for the right of priority in the case of patents, trademarks and industrial designs (design patents). This right means that, on the basis of a regular first application filed in one of the member countries, the applicant may, within a certain period of time, apply for protection in all the other member countries. These later applications will then be regarded as if they had been filed on the same day as the first application. Thus, these later applicants will have priority over applications for the same invention that may have been filed during the same period of time by other persons.

The wording in so confusing.

What the patent office is most interested in is: Will a customer confuse a company name with another company.

You can have "Bill Jones Cookies" and "Bill Jones Welding" because no customer would ever confuse welding with cookies (unless I'm baking).

You can't use "Bill Jones" if Bill Jones is famous or is famous and died recently.

The problem I ran into is, I'm not sure if my name would fly or not but you are supposed to start using the name and then register (at least that's how it is in Canada-they want to know when you first used it). But by the time the filing process is complete (give or take 2 years from now), they might have decided you can't use it. That means you shouldn't use your name until you get it safely through? Ughh.

Eventually I decided, what the hell - I don't want to get too hung up on it - it stalls me moving ahead.

Does everyone find it difficult to come up with a unique name that even remotely would make it through the trademark system? It seems like everything you think of is already in there (or close enough to it). It's such a pain in the butt !!

In your case, if I were you, I'd go ahead with it. There would no confusion that I could see. But it may depend on what type of movies. Like, what if the movie company was called "Tribeca Animal Documentaries" and you want to be "Tribeca Animal T-shirts". That could be potentially a problem area. But that would also depend upon the USPTO extending protection to France, which I'm not sure about.

I'm not paying a lawyer either so I just wing it.
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