Walnut Creek, CA asked in Intellectual Property, Patents (Intellectual Property) and Trademark for California

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?

1 Lawyer Answer

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

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