Q: I want to know if we can use the name "The Atlas" for our new roll up door.
We manufacture roll up doors for fire/utility industry and want to make sure the name isn't trademarked for that use already.
A: In order to find out if The Atlas is taken you can conduct a trademark search on the USPTO. It is generally best to work with a Trademark Attorney to assist with whether a mark is available as well as the Trademark Process. From a quick look at the USPTO the words"The Atlas" are used as a part of many registered marks on the USPTO. There is an abandoned mark for Atlas in class 006 which shows the mark has been registered in the past for metal rolling fire doors.
Alan Harrison agrees with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (203) 212-9996
- View Profile
- Answered
A: Atty Altman noted the abandoned mark for ATLAS in class 6. It should be understood that an abandoned mark does not tell you for certain that the owner of the mark has stopped using it. It's just not registered any more. The owner still might be in business and selling the product under the mark, in which case, it would be a problem for you.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A: In my experience looking at similar cases, "Atlas" is quite commonly used across various industries - from moving companies to manufacturing. The key factor will be whether there's another company using this name specifically for similar products in your industry, which could cause customer confusion. Your safest path forward would be to work with a legal professional who can perform a comprehensive trademark search and help you understand your options.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
