I finally came up with a name for my business, when I searched the TESS government database it came up as already trademarked. Now if I add a LLC after the trademarked name, does this still pose as a infraction to trademark laws? Many thanks.
I am offering a automobile installation service and they are offering a automobile part. The trademark is on a product not a company, thats where I am having the confusion as to if trademark laws still apply.
I would say that you're out of luck then. Adding the LLC won't make a difference. Trademarks for the same name can exist, but they need to be for unrelated businesses. The USPTO might make the distinction you want, but I doubt it. Since both would be dealing with autos it is likely that the USPTO would determine that people would mistakenly connect your business with the part. If you do apply for it and they reject it you will not get your money back.
Thanks for the advice. I was not necessarily looking to trademark the name, I would just like to know that if my company has the same name I wont get sued. Let me ask another question, sorry if it is quite obvious, but I could not find the answer on USPTO help section. Is it possible to trademark the same phrase multiple times, but use different fonts, or graphically make the name completely different than the other trademarked name? Or is just using the same phrase infrigment? E.g. 'Auto' in new times roman font, then 'Auto' with electrical wires graphically making the word. Thanks again! This forum is a great source of info!
Yes, they can sue. Whether they would win is another issue, but I think it likely they would win with the info provided. There are multiple types of trademarks. There is the workmark which trademarks the word/phrase itself. Then there is an imagemark. This is for logos. Trademarks can be applied for in multiple fonts. If it is the same company trademarking all of them then there is no problem. If it is different companies, the different font is not a way around the similar services issue. See http://www.uspto.gov/web/offices/tac/doc/basic/appcontent.htm#dep for info about font trademarks. If you were to get a trademark in a standard font, you would not be able go after everybody that used it in that font in a sentence (if the term were fairly generic). Now, one thing is whether the term is specific to a singular part made by a single company or is it generic? For example, I probably couldn't get away with naming my business with LS1 in it (engine by specific maker) unless my business was unrelated to autos, but I could get away with having spark plug in it as that is a generic term for a type of part.
I was told by the trademark department that I can file for a "second trademark application", I assume this means I can have the name trademarked or are they just trying to get my money? Thnx again for everyones help