Q: I would like to open an iv infusion service called REVIVE but there's one called REVIV but not in my location - problem?
The other company is multinational nearest location is LA - but we are near SF - is that violation?
A:
You may want to look for a different name.
If the other company is a multinational company, then the company most likely already has a registered trademark on the term REVIV. See, http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4802:95aqge.1.1 If so, and if your service is similar to what the other company does, then it would be difficult for you to argue that there is no likelihood of confusion.
If you really, really want the name, you should talk with a trademark attorney to give you an OK. However, even your trademark attorney finds a way that you could use REVIVE, you should expect to be hit with a cease and desist letter shortly after opening up your business. You should get together a boatload of money to be ready to battle the other company.
Good luck!
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.