Also, can you claim a trademark with the USTPO if you wanted to use part of an already well-known name, such as "virgin publishing" since i can't seem to find that term inside the TESS system? will the virgin group go after me?

Stick to names that are unique to your company and product/service-- no sense in working off another company name with the risk that you might have to change it. The more unique (and less arbitrary) the name the likelihood of success increases. Generic names are less likely to succeed in trademark protection. Also just so you know when you file a trademark it is associated with a specific class of goods or services. For example Apple while generic because is a fruit-- Apple has a trademark on the term Apple as it applies to computer, mobile, and other related products. (This is just a simple example to describe what I mean). The test for running into trademark issues is whether or not there is a likelihood for confusion. This means if a consumer could confuse your brand and an existing brand then you might be treading in the likelihood of confusion waters--and you want to avoid this. It sound like it might be worth talking to someone in detail about your options--look for attorneys with trademark experience (including myself).

Answered 6 years ago

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