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

Answered
  • 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.

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.