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Re: Other Company with same name

david_aa — Wed, 01 Jul 2009 13:53:30 GMT

Hello! To find whether your company name is already being in use, search for it within US Patent and Trademark Office website. And don't be disappointed if you find out it's being used. Consult a professional trademark attorney and probably you will find the slightest way of changing your product name so you could register it. Also if you decide to create another one, don't forget there are a few name categories that are not registerable.

Re: Other Company with same name

austinstrick — Wed, 24 Jun 2009 17:12:25 GMT

I agree with Luckiest. Every organization must have a Lawyer and an accountant.

Re: Other Company with same name

dac2828 — Wed, 24 Jun 2009 04:53:51 GMT

These responses are a little confusing to me... but...

Call the other company and ask them if its okay. Are they a competitor? Pay them a few hundred bucks and have them give you permission to use the name. Perhaps they won't care.

Sueing isn't free.

To answer your question correctly, anyone can sue anyone for any reason, so yes it can be a potential problem. It may not be a legal problem, but if you get sued lawyers don't work for free.

Rather than wasting my money on a lawer to ask if its a legal problem just choose another name. Your name is really irrevelant in your business, I would assume.

Re: Other Company with same name

xBengo — Mon, 22 Jun 2009 12:04:20 GMT

Hi, I thought i'm the only one experiencing this problem, I just found out through Google Search that a company has legally
registered itself as "EBITS ONLINE LIMITED" in 2008 yet i have been
running my registered business as "EBITS ONLINE" since 2006. I have
done serious Internet marketing for my business in the last 3 years and its really annoying
finding another company in my search results with the exact same name
as my business. I don't know what action to take as of now because my
business is legally registered in Kenya and the other company is
registered in Essex UK. Any help?

Re: Other Company with same name

cutcomp — Tue, 12 May 2009 18:14:40 GMT

It can be difficult to sort out this issue. I started my company, Advanced Insurance Management, as a sole proprietorship back in 1987. I applied for and received a trademark on that name back a few years ago, but that gives only limited protection. First off, my trademark only applies to specific kinds of commercial enterprises, not to others. So there is some other insurance related entitity that started a couple of years ago, in some other part of the country, that uses the name Advanced Insurance Management. Since they don't do the same kind of work we do, it's probably not a fight I could win--at the very least, I've decided that it's not worth the effort to find out. They don't do the same kind of work we do, so it's probably arguable that there could be confusion caused by their use of that name.

Back in 2006, I changed my business to an LLC, we're now Advanced Insurance Management LLC. That may give us some additional protections, but who knows.

This trademark stuff can be difficult. Back in 1995, I published a book under the title CompControl (because it was all about how employers could control their Workers Comp costs.) But I didn't register that term as a trademark back then. When I subsequently tried to do so, back in 2007, I learned that someone else had already done so--and my use of the term for my book gave me no claim over the term. I had to remove that term from some of my web materials, because the person that had registered the name contacted me and pointed out that they held the trademark (and we were both in similar kinds of work.)

Your best bet, I think, would be either come up with a new name, or some more unique version of this name that you could then trademark. (VisionOne Productions? Vision 1 Productions? You get the idea.)

Good luck.

Re: Other Company with same name

onevisprod — Mon, 11 May 2009 20:05:09 GMT

I'm sorry, I meant registered tradname not trademark name.

Re: Other Company with same name

onevisprod — Mon, 11 May 2009 20:01:56 GMT

Hello,

I am the owner of One Vision Productions based in Atlanta, GA. My company was started in 2004 and I received a registered trademark name in 2005. I am currently awaiting a pending trademark on my name. I hope that this information will be helpful to you in choosing your company name.

Best regards,

Forrest

Re: Other Company with same name

handprint — Mon, 09 Mar 2009 17:43:40 GMT

The fact that someone is using the name does not meant they have a service mark - visit www.uspto.gov to if there is a trademark for the name. The fact that you change "One" to "1" does not matter for trademark purposes.

Also, the corporate name of the LLC does not have to be the same as your trade mark or service mark that the public sees. In NY, you could have a LLC named "One Vision Productions LLC" but because of trademark law, be prohibited from marketing yourself as "One Vision Productions."

David M. Walker, Esq.

Re: Other Company with same name

skydalimit — Thu, 05 Mar 2009 17:44:36 GMT

Hi have dealt, come across the same situation you facing right now so i can really help you,
although i am not a lawyer i have incorporate my company Heatrock Entertainment Inc. here in the state of NY, and there's alot of people, in my state, other states, and companies that's using my corps' name "Heatrock" and have similar name like Heatrock Productions, and even the same name heatrock entertainment inc. right now which im looking to sue real soon, you can email me,

i can help you because i already did a trademark search of the name One Vision Productions that you want to use, and the closest i cam with your name being used was One Viisiion Productions, LLC they are located in MARYLAND, so as long its not in New York, your state, you can start and use it, but to protect this name "One Vision Productions" after incorporating it forming it to an LLC, you gonna have to trademark it which i can help you do all that for a small fee, email me at: skydalimit1@gmail.com

Re: Other Company with same name

skydalimit — Thu, 05 Mar 2009 17:43:34 GMT