Protecting Your Trademark
Keep another company from stealing your pending trademarked name without spending a dime.
Q: I own a New York state trademark, and the U.S.
trademark for the same name is pending. Recently, a company started
using my exact business name, but in the plural form. I do not have
money for legal fees. What should I do?
A: Since you can't afford legal fees, you probably
shouldn't threaten the offending party with a lawsuit. But
there are things you can do. First, learn all you can about this
company. Find out if it has a website. Do some searching online at
D&B
and at the online versions of business and trade publications and
newspapers. You may discover that the company is completely
different than your own--and because the law allows noncompeting
products and services to use the same name (think Ford Motor Co.
and Ford Gum Co.), you actually have no dispute.
If you find this business is similar enough to your own that it
could create confusion and cost you sales, write a letter, and
point out your earlier use and registration of the name. Also,
describe the kind of business you're in, and request that the
infringing company stop using your trademarked name. Many
companies, particularly smaller ones fearing the consequences, may
change their names. This happens all the time.
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If one letter doesn't work, send another and another. Your
repeated letters will keep the problem alive until they act.
You might find that the company values your trademarked name so
much that it wishes to buy your rights. Given your lack of money at
this point, this may be just what you need.
Authors and career coaches Paul and Sarah Edwards' new
book is The Best Home Businesses for People 50+.
Send them your questions at www.workingfromhome.com or in care of
Entrepreneur.