Questions

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?

Without knowing the specifics of your case -- what mark you're seeking to register, who uses it already and how -- it's hard for anybody to judge.

Trademarks ain't my thang. Names and domains are. What I would say is the following:

If you think you're stepping on somebody else's toes, then ask yourself if the brand name is worth the trouble. Overlaps can cause problems apart from trademark disputes. Simply having the trademark does not eliminate future awkwardness. Remember, you have to compete with the other guy(s) in Google SERPs on a continuing basis; and you'll have a harder time obtaining the matching domain for a decent price, since there would be multiple potential buyers for a single asset.

If you're not already heavily invested in the brand name, then you'd do well to consider other (possibly better) options. Clearly the name you've picked isn't unique.

Also, it may be prudent (or at the very least polite) to talk to the other party using your intended brand name in advance. Friendly signals from them might mean no lawsuit. And vice versa.


Answered 5 years ago

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