Jonesboro, GA asked in Business Law, Trademark and Intellectual Property for Georgia

Q: the title of my business is the same as another well established company’s product

how to find whether it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented

2 Lawyer Answers

A: The USPTO may be searched to find federally registered trademarks. Trademarks may also be registered in individual states. However, it is important to remember that even unregistered trademarks have common law rights against infringement. If a trademark is confusingly similar to another trademark in use in the same or related class/category, the prior user may bring a claim of infringement. It is important to consult with a trademark attorney prior to use of any trademark to guide you through the process.

A: You can search for Federally Registered Trademarks at "USPTO.GOV" by selecting Trademark and searching the mark. Your comment "it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented" is answered as follows: The mark, as presented, should be seen as a phrase if it is a phrase -is there a TM or R in a circle? - is it stamped on a product? - copyright is not likely as copyright is a work of authorship as a book, art, etc. - if patented then there will likely be a patent number and not pertain to the Word, Symbol or Device used as a trademark to identify the source of a good or service.

You should contact an attorney with Trademark experience before you use another's mark which is substantially similar in sight or sound for goods and or services similar to those you propose to provide.

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.