A Trademark Question

[DCG123]

I have a trademark question and would be greatly appreciative if someone can give me some information.

I recently started an online business with a specific name. It's a somewhat generic name of (I won't post the whole name) "The ________ Company". While I have not gone live yet or have done any actual business under this name, I registered it, set up bank accounts, merchant accounts and more under the name. I recently discovered that another company has a trademark on the name I used for my company (which I also own the domain for). I thought I had covered all my bases before hand, but I somehow must have missed this trademark (the US Trademark search seems to not pull the info up half the time I search for it).

My company name is/was not used as another company's name; it was just used as a slogan. I don't think they're even using the name any more, but they renewed the trademark in 2000 and have it for at least a couple more years.

I'm assuming there's nothing I can do and I'm going to have to find a new name for my company, but want to be sure. They have the trademark listed as a 'Typed Drawing'. Does the type of trademark matter? The things is, while my business field is sort of the same as the company that owns the trademark, I will actually be selling their products (among other products) , and not competing with them. Do I have any chance of keeping my company name or am I out of luck?

One last question, if I change my company name & purchase a new domain, would I be able to direct the current domain to my new domain with the new company name, or should I not risk doing that?

Thanks in advance for any help.

 

[Michael Wechsler]

Everything is dependent upon the name itself. If it's a generic name then you should have no problem. However, what you wrote concerns me.

A "typed drawing" is another name for a bunch of characters and not a trademark on a drawing associated with the product. I was going to ask you if the "class" is the same or whether the product is in the same kind of business, e.g. both of you are selling optical equipment. You've answered my question in that you will actually be engaging in selling their products. That tells me you have a fight that will occur, whether you like it or not. Until you actually use the name in business you don't necessarily have a problem but that doesn't help you. If you want to be clear of being sued, you're best to choose a new name. If you want to be sure about using this name, more information is required and you'll need to speak to an attorney.