| start --> | | | | or meaning & industry. |
| Trademark law affects every business in the United | | | | When you create a new business name, product |
| States. Don't assume that your new business name, | | | | name, slogan or logo, you will begin to establish your |
| new product name, slogan or logo has not already | | | | legal rights to your name in the geographic trade area |
| been used commercially OR trademarked! | | | | where you do business based on Common-Law |
| No business name may be used in any one of the | | | | usage. |
| following cases, IF there is a conflict or similarity in | | | | However, the question is: Is your trade name truly |
| sound, appearance or meaning & industry: | | | | available? |
| - A Federally registered trademark anywhere in the | | | | It is a company's obligation and it is in their best interest |
| U.S., or | | | | to enforce its marks. Trademark owners have up to |
| - A State registered trademark in any state they do | | | | six years to find and order businesses to change any |
| business in, or | | | | infringing trade name. |
| - Used within same geographic trade area with "first | | | | Infringing trademark companies could face costly |
| use" Common-Law protection. | | | | attorney bills ($200 to $350 hour), immediate renaming |
| There are over 2,500,000 Trademarks, and over | | | | of their company or product, recall of products, |
| 16,000,000 commercial Common Law trade names in | | | | forfeiture of profits, re-marketing of the new name, |
| use. ANY existing Federal Trademark, State | | | | and marketing change-over for a new name, including |
| Trademark or commercial Common Law use takes | | | | logo, signs, corporation, forms, checks, packaging, |
| precedence over your new business or product name, | | | | yellow page listings, web site, etc. |
| IF there is a conflict or similarity in sound, appearance | | | | |