Conflicting Clothing Brand / Label name for TM

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EJackson

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Hello to everyone,

I am seeking some advice regarding a possible confliction of TM names. First, I am located in Florida and the business with the like name is in NJ. I am trying to start, or better to say, restart a clothing line that I came up with back in 1995; the parent business name is Miami **** **** Association, then umbrellaed under that are Miami**** **** Club, Miami**** **** Syndicate, Miami**** **** Cigars and Miami**** **** Records. The company will mainly function as a high end clothing line, then as we progress we will branch out to incorporate the other titles, I like looking ahead, lol...

The issues I am having is that this company in NJ is using some of the same words (**** ****S Club Clothing Company) as I am and for the same industry (clothing), but for a completely different demographic; where my clothing line is directed to a HIGH END clientele, and focusing on the Miami lifestyle, Clubbing, and Professional Business apparel, they cater to car enthusiast (their logo is a skull with pistons).... again, a COMPLETELY different demographics. Where they are selling Fruit of the Loom tees to Hot Rodders, I am selling $60 Pima and Egyptian cotton tees to Miami party people.

I was told by an online TM'ing firm, that this will present a problem even though our demographics are completely different, we live in two different states, which are over 1,300 miles apart and my name is different is every aspect, save two words. I will never be selling a Miami branded Tee in NJ so why would there be conflict?

I am a full time college student so all the free advice is surely welcome and appreciated! I like going into a paid consultation with my guns loaded ;)


Edit: I just wanted to note... Not sure if it really makes a difference, but the NJ company has an "S" at the end of the like word in question: **** ****S Club Clothing Company. Again, not sure if it will help my argument, but I thought I'd mention it.

Ciao,
EJackson
 
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If this is important to you (I suspect it is), you'd be wise to speak with a trademark attorney. This is your livelihood. Spend a few bucks to protect it, or save yourself a lawsuit.
 
Well in the end, that is what I will need to do, but I am here to gain as much knowledge as I can so I don't get the proverbial SMOKE blown up my - you know where... I like to be well educated in my endeavors if at all possible, and free education is the best kind ;)

Thank you Amy :)

EJackson
 
Okay...

What I don't get is... I am being told that since the words in question are the same as those in this NJ based company and since their venue is clothing, this can cause customer identification conflicts regardless of the use of Miami; however, there is a VERY popular clothing company that has been established since 86 and their full title TM are the same words in question, plus the word "Club," so.... basically all this NJ company did was use this other company's COMPLETE name then added Clothing Company at the end of it... How is that not causing identification conflicts, yet my name that is being generalized to a city location is?

EJackson
 
Without knowing the names you are talking about, it is impossible to discuss with any clarity. Are these companies doing business under a name or are they trademarked? Did you check? Here are some general issues:

1) Using a city will likely not be able to be trademarked, e.g. Miami Shoe Stores.

2) If a trademark is being used in the same "class" such as apparel, the price doesn't matter. It's a matter of whether confusion will exist in the marketplace. If you were selling cigars with a similar name, it would be a different story entirely.

3) Did you ask the same person who gave you advice the question how two company can appear to co-exist with the same trademark?
 
Hello and thank you for your reply LawProfessor,

I did want to openly post my brand concept without any type of protection on it, but at this point, it looks as if that doesn't matter.

The words in question are xxxxx The parent name of my company would be Miami xxxx Association, then under that, Miami xxxxx Club, Miami xxxxx Syndicate, etc...

www DOT Myspace DOT com/MiamixxxxInc

The original company that started in 1986 in California is called xxxx CLUB, the company in NJ that I found is called xxxxx Club Clothing Company.

Hope that helps.

Regards,
EJackson
 
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I've added the link to my Myspace account that I created if needed. Just if in the DOTs with Dots, lol. ;)

www DOT Myspace DOT com/MiamiBadBoyInc

EJackson
 
The name posted and edited may or may not be able to be trademarked.

1) Did you see whether the trademark for the names are for a name or for a logo? I'm not sure how much of a distinction be made in this instance but there is certainly an issue since it didn't appear to me to be for a word based trademark.

2) The name you mention seems been registered in various classes (category types) but I didn't see specifically clothing. Someone can search through it and it is possible that it has been done. Has anyone actually pointed you to the direct conflict?

If you intend to do this, I'd go forward by going to a trademark attorney to perform a proper search. It's worth the few hundred dollars it is likely to cost since this is the essence of your brand.
 
thelawprofessor said:
The name posted and edited may or may not be able to be trademarked.

1) Did you see whether the trademark for the names are for a name or for a logo? I'm not sure how much of a distinction be made in this instance but there is certainly an issue since it didn't appear to me to be for a word based trademark.

I know the the original Bad Boy Club has a mascot, you would deff recognize his if you seen him; he is a little guy, in profile stance, making a mean face with his fist up. So I guess that is logo trademarked if that is what you mean. If you google Bad Boy Club you will see what I mean.



2) The name you mention seems been registered in various classes (category types) but I didn't see specifically clothing. Someone can search through it and it is possible that it has been done. Has anyone actually pointed you to the direct conflict?

Yeah there are all kinds of company venues using the "Bad Boy" wording, even a stationary company, lol...

The person I talked to at TradeMark Express Services told me that there may be a conflict, but that was a 10 min conversation. I don't know how reputable they are, that's why I came here.

In the TESS system, if you search Bad Boy, you will find both the Bad Boy Club, and the NJ co. Bad Boys Club Clothing Company. The Bad Boys Clothing Company info is as follows:

tess2.uspto DOT gov/bin/showfield?f=doc&state=4005:sd2pku.2.5

If you intend to do this, I'd go forward by going to a trademark attorney to perform a proper search. It's worth the few hundred dollars it is likely to cost since this is the essence of your brand.

Yeah this I know in inevitable, but I just want to go in prepared with as much knowledge as I can get. I like to be educated about the issue at hand before walking into a scenario where I could be taken advantage of ;)
Click to expand...


Again, Thank you!

EJackson
 
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