Evansville, IN asked in Copyright and Intellectual Property for Indiana

Q: Anyway around a trade mark? They are out of state and in a relevant field but slightly different. Thanks for your time.

I don't guess there is anyway around it. But there is a company with a name and I would love to keep working on my start up and use their name. Mine will be bottled teas they sell lose leaf in a store. I know I can register the name with it being in a different state. So I could do okay small scale but my vision is go big. But, I guess I would not be able to then? And I guess there is no way of paying or contracting a permanent use of their trademark if I paid them? But they may not be out anything they are local in their state and doesn't look like they are going to try and grow but be content with their store. ( I could be wrong but still.) So in theory, they might take free cash if they shared the right to the trade mark? Or make it like they agree not to sue for copy right infringement if paid x amount? Unlikely but thought I'd ask. (And I've got a long way to go on the venture but still just trying to start somewhere.) Thanks for your time.

1 Lawyer Answer
Benton R Patterson III
Benton R Patterson III
  • Intellectual Property Lawyer
  • Dallas, TX

A: It is certainly possible to license the right to use another company's trademark or purchase it outright from them. Trademark transactions are fairly common. I recommend speaking with a trademark attorney on how to approach the other company and working out a licensing arrangement that works for your business.

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