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Checking if something is trademarked and trademark questions ...

705 Views | 5 Replies | Last: 3 yr ago by TXTransplant
kevmiller
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How can I check if something is trademarked .
So .. can you trademark something vague say.... like " Couch warehouse"

A Couch is a obviously a piece of furniture so the term is used quite often.. so can that be trademarked?

And if " Couch Warehouse " can be trademarked .. would the name " Couch Barn" be ok ?
TXTransplant
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There is a database on the USPTO website that you can search.

http://tmsearch.uspto.gov/bin/gate.exe?f=tess&state=4809:pj7m4d.1.1
kevmiller
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Ok thanks... so if someone claims to have a trademark and I'm not seeing it there?
Just ignore them
dallasiteinsa02
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I believe there are national trademarks that are registered and then local trademarks based upon the use locally.
fka ftc
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The advice / information I have heard is that going through the trademark process is generally not worth it unless you are dealing with a national "brand" type scenario. So trademarking Couch Warehouse in Bryan, TX is not going to be worth the effort and you probably are not going to get the trademark. If you are The Mattress Firm, then that is a different scenario.

In the State of Texas, you cannot establish a business or a dba that is so similar to another entity that it causes confusion, in particular if the purpose is to cause confusion. Geographic location also comes into play so that you may have a Couch Warehouse in Bryan and a Couch Warehouse in El Paso that are unaffiliated. One may make a claim against the other but they may not be successful. If you intend to operate in multiple locations then filing dba's in those counties may be useful.

Providing the right answer really depends on what situation you are facing or trying to address. Are you starting a business with a name similar to another, or are you after someone or someone after you for a too similar or same business name?
kevmiller
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Ok thanks
No I have a new business and was sent a message over social media from a guy out of state saying the name is trademarked and cease use or he will seek legal action.
The business are similar however again he is from another state.. and the only use I have done with the name he claims is his is a twitter handle.
TXTransplant
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There is such a thing as prior user rights when it comes to unregistered trademarks.

You should consult with an IP attorney if you're being threatened with legal action.
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