Trademark issue

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j836

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I would appreciate any advice on this as I am not familiar with trademark laws and currently can't afford a lawyer.

I'm a website designer and I have a website showcasing my work, info about what i do, services i provide, etc. I don't sell a product, just provide website related services (design, development, repairs, maintenance, etc.).

I received an e-mail from the owner of a company who has a trademark on part of my company name. My company name is two words and his trademark is the first word of my company name (this statement might be really dumb but like i said, i dont know anything about trademark laws).

His trademark is for a product and he told me that i am using his trademark on my website.

What are my options? Do i need to refrain from using my company name? I registered my domain name years after he got his trademark. My domain name and company name are the same thing.

Any advice on what my options are would be greatly appreciated.

Thank you.
 
Just because you two share a similar word in your business name doesn't mean that the two of you have trademark issues. If the word is an arbitrary and made up name (for example "Tzigglijin") then it is possible there might be issues. Do the two of you work in the same line of business? What is his trademark for? Did he give you the registration information so you can look it up?
 
Just because you two share a similar word in your business name doesn't mean that the two of you have trademark issues. If the word is an arbitrary and made up name (for example "Tzigglijin") then it is possible there might be issues. Do the two of you work in the same line of business? What is his trademark for? Did he give you the registration information so you can look it up?

Thanks for your response.

Yes he did provide his trademark info, but we are not in the same line of business. His company has a product (name of that product is the trademark which is the first word of my business name) that is some kind of data analyzing software while my business provides website services. I dont sell any products.

Could i maybe e-mail you more details as I dont want to post info on a public forum.

Thanks again for your help.
 
I did some research on uspto.gov and found out that my company would fall under class 42 (computer and scientific) and the other company who has the name trademarked (they have a product name trademarked) has tha trademark under class 9 (Electrical and scientific apparatus).

I offer website design services while the other company has a software that analyzes web data.

Is this too similar or can i keep my company name since we're in different classes...?

Thanks for your advice.
 
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Hard to say - if you can register your trademark under a different class and the examiner agrees that it qualifies, then you should be able to register. If an objection is raised, then you'll handle it if it arises.
 
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