Trademark fitness business??

[Welltrainer]

Jurisdiction

California

Hey all,
I own a personal training, nutrition, and posture/pain management business. I want to change my biz name -to let's say 'Ace fitness.'

I checked and unfortunately someone in Utah has the name and website already. Their trademark reads '♤ fitness' and their website is Acefitness.com
HOWEVER, they are a food/meal delivery company. Is this day an age if you look up common personal training names like 'true training' or 'heat fitness, etc…there are So Many business that have the same name. I know this doesn't justify if it is legally right or wrong, it just aroused my curiosity.
Do people just not want to go through the hassle of trademark cease and desist or is there no legal issue?

Also, follow up question- if it is illegal for me to have let's say 'Ace Fitness,' is it still illegal if change the name to 'Acer Fitness,' or 'Ace fitness Training' or 'Ace:Fitness,' etc…?

 

[adjusterjack]

Sorry, but commenting on made up names is futile.

We would have to know the real name of your business and the real name of the other business.

If you are not willing to share that here, your next step is consult a trademark attorney.

 

[SixSpot]

I'm not a lawyer but I am a business owner. 1st you should check with the California Secretary of State to see if the name is registered by a business in California. It's irrelevant if a business by the same name exists in another state unless you have plans to be a nation-wide chain.
Regarding the USPTO, if it is registered, it is within a specific business category. Without looking, retail food operations are probably in a different category than gyms. Trade dress violations are more complicated than just having the same or similar name.
You might have to get creative in finding an available domain name or get one that's not ".com".

 

[Welltrainer]

I'm not a lawyer but I am a business owner. 1st you should check with the California Secretary of State to see if the name is registered by a business in California. It's irrelevant if a business by the same name exists in another state unless you have plans to be a nation-wide chain.
Regarding the USPTO, if it is registered, it is within a specific business category. Without looking, retail food operations are probably in a different category than gyms. Trade dress violations are more complicated than just having the same or similar name.
You might have to get creative in finding an available domain name or get one that's not ".com".

Thank you . The name is not registered in California. Also I forgot to mention I'm an online only trainer so I service every area potentially. My worry is that this meal delivery company may expand into online training too!

 

[zddoodah]

Do people just not want to go through the hassle of trademark cease and desist or is there no legal issue?

This question is incredibly general and ambiguous. Specifics matter.

Also, follow up question- if it is illegal for me to have let's say 'Ace Fitness,' is it still illegal if change the name to 'Acer Fitness,' or 'Ace fitness Training' or 'Ace:Fitness,' etc…?

How close is too close is impossible to say in the abstract. Consider this, however:

If you're in CA and all your customers are in CA, and if all of the UT business's customers are in UT, then you likely have zero problem. There's nothing that prevents two geographically remote, local businesses from using the same name.

 

[adjusterjack]

If you're in CA and all your customers are in CA, and if all of the UT business's customers are in UT, then you likely have zero problem. There's nothing that prevents two geographically remote, local businesses from using the same name.

Somewhere, maybe on another site (he's on 3 so far), he mentioned that he was an online company so his customers can be anywhere.

 

[Welltrainer]

I'm getting the sense it's better not to risk it?
I have an online practice that could train people anywhere and they have a meal delivery practice that could expand into an online training business.

I guess it's up to me if I want to take a risk?

 

[Zigner]

I'm getting the sense it's better not to risk it?
I have an online practice that could train people anywhere and they have a meal delivery practice that could expand into an online training business.

I guess it's up to me if I want to take a risk?

Speak to an attorney.

 

[adjusterjack]

Agree.

$$ for an attorney now prevents $$$$$$$$$$$$$$$$$ later.