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.
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).
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.
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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