Multiple Names with Same Spelling

Posted by Michael Shimokaji | Apr 08, 2014 | 0 Comments

Question: Multiple Names with Same spelling on TESS. Is this legal?

I looked up my new company name/DBA on TESS and found several others with the exact same name and spelling. They are in different categories as far as I can tell. Since I saw multiples, I assume it's safe to use the name, right?

Answer: It is likely that it is OK for you to use the name, but what you searched were only trademarks filed in the US trademark office. Trademark owners, who might have prior rights to you, do not have to file for US registration and may choose to file for only State registration which would not show up on the TESS search. Trademark owners with prior rights to you also have no obligation to file for State registration.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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