Would we be violating a trademark?

Discussion in 'Legal Issues' started by gtrb99, Apr 20, 2010.

  1. #1
    We are starting a title company and want to name it the same name as a Financial Company. For example, the financial company's name is "bravo" and it's trademarked. Could we still name our title company Bravo Title?

    Thank you so much for your input!
     
    gtrb99, Apr 20, 2010 IP
  2. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #2
    It all depends on the exact word, but it sounds like you could be risking a trademark infringement claim.
     
    mjewel, Apr 20, 2010 IP
  3. gtrb99

    gtrb99 Peon

    Messages:
    3
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #3
    Thank you, I was afraid of that
     
    gtrb99, Apr 20, 2010 IP
  4. krsix

    krsix Peon

    Messages:
    435
    Likes Received:
    11
    Best Answers:
    0
    Trophy Points:
    0
    #4
    consult a lawyer - possibly not.

    are any of your names (anyone in company) bravo?
    are you in a completely different field (not similar AT ALL, complete opposites)?
    etc..
     
    krsix, Apr 20, 2010 IP
  5. gtrb99

    gtrb99 Peon

    Messages:
    3
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #5
    No, it's not anybody's name. The one company issues credit cards and our company would be doing title (for mortgages and refi's) so maybe that's too close
     
    gtrb99, Apr 20, 2010 IP
  6. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #6
    It doesn't matter if someone in the company has the same name. I don't care if you were born with the name Dell Computer, you can't use it for a tech business. He already stated the usage, and they would be similar enough to cause problems. Unless the name is a generic descriptive, they would likely be infringing. If the other company is very large, and they "think" it is infringement - they will bury you in legal fees. They need to see an IP attorney and discuss the exact name.
     
    mjewel, Apr 20, 2010 IP
  7. rayallen

    rayallen Peon

    Messages:
    21
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #7
    A trademark is the visual representation of your company and can include the name or logo associated with your small business, its services or its products. When someone else uses your intellectual property, it can be an infringement on your rights, especially if it is deliberate or results in lost earnings. Registering a trademark is your legal protection if there is a trademark violation of your small business.
     
    rayallen, Apr 21, 2010 IP
  8. Andrus

    Andrus Active Member

    Messages:
    143
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    65
    #8
    there's a very bif risk. just go with an alternative.
     
    Andrus, Apr 21, 2010 IP
  9. pannelli

    pannelli Peon

    Messages:
    45
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #9
    t's a trademark violation
     
    pannelli, Apr 22, 2010 IP