Asked in Trademark

Q: Is the business name "BioFone" trademarked so I am unable to use it? Thanks

I'm looking at starting a business called BioFone and a couple of Google searched landed me on this page, I saw it may have been trademarked but it didn't seem as though it went through.

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3 Lawyer Answers
Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: You should work with a trademark attorney to assist you with a trademark clearance search to find any identical or confusingly similar trademarks that are either registered or may be in use (and have acquired common law rights against infringement).

William Scott Goldman
William Scott Goldman
Answered
  • Trademarks Lawyer
  • Washington, DC

A: Trademark registrations typically take 8-10 mos. for approval with the USPTO, or possibly longer should there be Office Actions, inter-partes proceedings, Statement of Use filings, extension of time requests, etc. Conducting a thorough search of the database, including file history should be the first step. We could then figure out relatedness of the goods/services and commonality of the term in question. Based on the above, a legal opinion would then be provided. So if you're interested in moving forward, please call or email.

John B. Hudak
John B. Hudak
Answered
  • Trademarks Lawyer
  • Milford, CT

A: Trademarks can be considered similar to another based on looking alike or sounding alike – plus other issues. As above, consult with a trademark attorney so your full rights are protected.

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