HI All, I want to register a company name for an online business I'm planning to start. Before going any further I searched to see if the 'company name' that I have chosen is already registered, and I found out that it is. But, the name that I decided to use will be in the form of: 'company name' Network, Inc. Now, 'company name' is already registered, so I'm concerned if I add the extension 'Network' after the name of the business will it be a trademark infringement? What is your legal opinion about this? Thanks in Advance.
Assuming you are talking about using this name on your website for commerce- If the usage is similar to the registered mark, it would be infringement.... "Apple" is the registered mark of Apple Corp - using "AppleNetwork" for anything related to music, computers, phones, or any of their other usages, would be infringement. Trademarks do not need to be registered, so you should really consider having a trademark search done.
The name alone is not enough to say there would be a problem, you also need to look at the industry they/ you trade in, the geographical areas serviced, similarity between brandings etc.
I did a trademark search and found out that its a registered trademark to the same company, but the industry or their business type is quite different from the one I am trying to open. My other concern is that I'm very close to getting the domain name the same as their registered trademark name.. lets say; "apple" is their trademark name and I'm close to getting the domain name "apple.com" for my business named Apple Network, Inc. ..for example.
There is no black & white answer because Trademark law is often a grey area. Famous marks and coined terms have much broader protection that a small company that happens to have a common law or even registered mark. Without knowing the exact name, it would be impossible to guess. If this is a famous term like xerox, microsoft or google, then you are likely going to have problems. This is where an IP attorney should be consulted. The bigger the company, the more likely you will have problems. Even if you are right, you can be forced to spend massive amounts in legal fees to keep the domain if they decide they don't like your usage. If it was a common word like "Apple" and you had nothing remotely to do with their type of business, then you would be able to use "Apple.com" for Apple Network, inc. (at least in theory). Remember, anyone can sue you for infringement and as long as they have a reasonable argument, you will almost always wind up paying your own legal fees regardless of the outcome. With a registered mark, you can be ordered to pay treble their legal fees if you lose, plus damages. Paying for some legal advice from someone who has a lot of experience in trademarks will be cheap if it avoids litigation down the road. I most case (but not all) a trademark holder will ask that you turn over the domain or file a WIPO to take the domain rather than sue you. Even if you know that will be the case, you don't want to put a lot of work into a domain to have it taken from you down the road. If you are choosing this name for your company and/or domain in hopes that you will get some traffic because of the registered mark, then you are probably looking at infringement (or at least giving them cause for action) and I would advise against it.
Thank you mjewel. I decided its better to look for another name and do a good research rather than taking the risk about this domain name. I can use the money spent for legal consultation to improve the website or market it. I appreciate your help, Thanks again.