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Trademark opinions

1137 Views 2 Replies 2 Participants Last post by  SkullDude
I picked out a name for a clothing business I am starting and was wondering what you all did as far as performing a trademark search and registering. My lawyer wants about 1000 for each, which includes opinions on the search results.

I have already performed a search to the best of my ability and where none of the names match exactly there are some similar ones. The name I want to use is 'The Stone Age Gang', which I really fits my genre of clothing well. And these are the names that I found in my search. Although keep in mind not all of them are trademarked:

---Stone Age Designs is an apparel company, but it does not appear they have a trademark. The have a website stoneagedesigns.biz
----Stone Age Brain does have a trademark on apparel, but they appear to be and educational type company that sells apparel in addition to their educational materials.
----Stone Age is a company that appears to have a trademark on watches.
----Queens of the Stone Age is a major record label band that has trademarks on live shows and producing music. But they do sell t shirts with their name on it even though they do not have trademark on any apparel categories.

Just curious what all of you would do in my situation. I have money, but 2000 bucks is 2000 bucks and I don't want to throw it away if I don't have to.

Thanks in advance,

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$2000 is probably a bit much to pay. You can get it done cheaper. The cheaper option won't necessarily be as good, but that $2k could be better used on, say, advertising. Still, I hesitate to steer anyone to the "guy who'll do it cheap" option when that's something we hate so much in our own industry (pay peanuts get monkeys and all that). Anyway, that's your business - but be aware it can be cheaper.

My personal (non-legal) opinion is that there's enough in your list to be concerned about. The fact that they haven't registered trademarks doesn't mean they don't have the right to, and doesn't mean that they can't challenge yours.

I would suggest this: gather and summarise your research on similar marks. For example, print off a copy of the Stone Age Designs homepage, their About Us page, etc. Bring in something of yours to represent your brand. Keep the material as short, easy to take in, yet accurate as possible. Take it to your lawyer, and ask their opinion (by the hour $) how likely these companies you have found are to be a problem.

That way you're not paying for exhaustive research (yet), just for an educated opinion on what you are presenting. If he believes what you've already found is a problem, it's a cheap way to know you need to move on. If he doesn't, then you have a better idea of whether or not it's worth proceeding with your more expensive options.
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Hi thanks for the reply. Those were my concerns as well, I will probably have to scrap the name. Have you used legalzoom for trademark search services? Do you know if they provide opinions on the marks they found or would I still have to get a lawyers final opinion as well? It looks like they can do a complete search for 500.
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