saddlemeyer
New Member
I recently did a search on the US Patent & Trademark Office website for the name of a product that I am interested in developing and marketing. To my dismay, the trademark had been registered mid-2003. What does this mean to me? Do I need to come up with another name for the product, or do I have to scrap the idea altogether? Unfortunately, the name of the product is an intrinsic part of it's marketability.
After an intensive internet search, I can find no evidence that this product is yet being manufactured, or otherwise marketed. In fact, I can find nothing even remotely relating to it on the web.
I guess I am asking several questions here, so I will re-iterate them.
* The name (and description) of a product I want to develop has been trademarked. Can I still market the product under a different name?
* Does a trademark that is not actually being used carry the same weight as one that is? In other words, are there any legal clauses relating to trademark "speculation"?
* I assume that some kind of licensing agreement would have to be reached in order for me to utilize the aforementioned trademark. What sort of terms are typical for trademark licensing, assuming that the trademark registrant has no immediate plans for marketing and production?
Thanks a lot, and I would appreciate any help greatly. I'm very interested in pursuing this venture, but am worried about this trademark situation, especially as the product name is intrinsic to the product itself.
Have a good one!
After an intensive internet search, I can find no evidence that this product is yet being manufactured, or otherwise marketed. In fact, I can find nothing even remotely relating to it on the web.
I guess I am asking several questions here, so I will re-iterate them.
* The name (and description) of a product I want to develop has been trademarked. Can I still market the product under a different name?
* Does a trademark that is not actually being used carry the same weight as one that is? In other words, are there any legal clauses relating to trademark "speculation"?
* I assume that some kind of licensing agreement would have to be reached in order for me to utilize the aforementioned trademark. What sort of terms are typical for trademark licensing, assuming that the trademark registrant has no immediate plans for marketing and production?
Thanks a lot, and I would appreciate any help greatly. I'm very interested in pursuing this venture, but am worried about this trademark situation, especially as the product name is intrinsic to the product itself.
Have a good one!
