Tempe, AZ asked in Trademark for Arizona

Q: Similar Business Names (Trademark)

I purchased a domain name but didnt think to search if there was already an established business.

When I went to trademark the business name there is already a company with a similar name, same sort of industry but we offer different services.

Lets say I registered -Rotten Tomato- and their company is -Rotten Tomato Design Inc-

My company will offer t-shirts, posters and stickers. (Rotten Tomato) (www.rottentomato.com)

The existing company offers Embroidery, custom apparel and digital prints. (Rotten Tomato Design Inc) ( in this example their site is: www.rottentomatodesigns.com)

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My concern is not for the domains but the name itself. I can easily see how people looking for the other company could type in the shorter name and end up on my site. I dont particularly want to change the name of my company (Rotten Tomato is just an example, not the actual name).

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1 Lawyer Answer
Adam Studnicki
Adam Studnicki
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: The answer to this question involves looking more closely at the specifics of your situation. A trademark lawyer can review and assist.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.

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