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Delaware Trademark Questions & Answers
1 Answer | Asked in Business Law, Trademark and Intellectual Property for Delaware on
Q: Do I need to change my business name?

I registered my business in DE named “Goddess Financial”, after a trademark search I realized there is a company in Australia named “Financial Goddess”. (Registered their trademark in USA). We offer different services but both obviously in the financial industry. Do I have to change my... Read more »

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 12, 2019

I would recommend that you change your name to avoid future disputes. The standard for trademark infringement is a likelihood of confusion. Sounds like that is a possibility. Now, if you were using the trademark before the date of first use of the registered mark, you may want to seek... Read more »

2 Answers | Asked in Intellectual Property and Trademark for Delaware on
Q: Would this situation be considered trademark infringement? Details provided. Thank you!

In 2016 A partner and I formed a product oriented company. We spent months of planning and research to choose our company name and product name. We also consulted with two attorneys in choosing the product name. We proceeded to purchase a domain, file a Delaware trademark registration, and a... Read more »

Benton R Patterson III
Benton R Patterson III answered on Jun 4, 2018

The USPTO may deny the application based on the conflict with your registration. I would continue to watch the application. If it is published for opposition, you may want to retain an attorney to oppose the registration. It is also possible that both trademarks can exist concurrently if the... Read more »

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2 Answers | Asked in Intellectual Property and Trademark for Delaware on
Q: Incorporation in Delaware: trademark exists for company name but in different sector

Hi,

We are going to incorporate a software company in Delaware. There is a trademark for the same company name but in the oil in gas industry in Texas. Also doing a google search, we see that there are other business using the same name in the software sector, but they don't appear to have... Read more »

Benton R Patterson III
Benton R Patterson III answered on May 31, 2018

An attorney would need to review all the facts to answer this question. Here are some general observations that may be helpful.

The oil company trademark could be an issue if the products/services are similar. For example, if that trademark is for geo-location services and your software...
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1 Answer | Asked in Trademark for Delaware on
Q: Trademarks and Infringement

Nike is a trade mark & a company. If I say our shoes are 10% less than Nike would that be an infringement of trade mark? Can I say Nike Buyers, get 10% off for example?

Benton R Patterson III
Benton R Patterson III answered on Mar 15, 2018

You can use the word Nike to describe genuine Nike products. You just cannot call your own shoes Nike, or something similar in sound, shape, or appearance.

1 Answer | Asked in Copyright and Trademark for Delaware on
Q: trade mark question

hi , i am trying to start a company by a certain name , that name is taken (though their domain is hyphenated and i bought the original name domain).

they did not register the name as a trade mark and its free for the taking.

QUESTION!!

if i pay for the trademark and i take... Read more »

Karima Gulick
Karima Gulick answered on Oct 9, 2017

More details would be necessary to best answer your question.

1 Answer | Asked in Trademark for Delaware on
Q: Can I register a TM with the same name as an existing one,but for other products.

I want to register an international brand for children goods (WIPO), but there is the same brand registered for beer,mineral water and beverages.Also the countries in which the mark will be registered are not the same as these of the existing one.Can I register my mark or I will get a refusal from... Read more »

Charles Snyderman
Charles Snyderman answered on May 15, 2014

Based on the information you provided, the answer to your question is yes.

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