Trademark problem!!!

[Dezinr]

My husband and I have a corporation and are interested in starting another. Our only problem is the name of a product we want under this corp. We paid for a Comprehensive U.S. Trademark Search Report. What we found is that there is a company/business with a name that is similar. The only difference in the name is one letter spelled differently. Instead of a "S" we used a "Z". We would really like to use this name as a brand product. The products are the same, both are skateboards brands. This other company was trademarked in 1988. Should we be concered about lawsuits??? Remember, the name would be spelled different. Thanks!!!

 

[Dezinr]

Made a mistake!!!

I wanted to correct myself. This is a registered business (R), not a trademarked brand name. If we are to use the name (spelled different) for a brand product and trademarked it, would the laws be different from a registered business name??? Thanks!!!

 

[Bud_East]

Opposition No.91167789-Ebay Inc. vs. East Family

My Son Nicky and I started a business on the internet just as a hobby. The domain name is TheFreebay.com, which would provide only the best free stuff and freebies available on the web. We made a decision to Trademark the name "FREEBAY" with the United States Patent and Trademark Office. The application Serial Number is 78445759, and our mark the "FREEBAY" was accepted by the examing attorney, and was to be published in the Official Gazette. However, Ebay opposed the application, and now we have to show cause why judgment by default should not be entered against us. We have less than two weeks to file the proper papers. Please contact me as soon as possible, my cell phone number is (949) 350-1178.

Yours Truly,
Clyde Bud East

 

[Dezinr]

Still Lost!!!

Hey there!

The new corporation we have started is for our skateboard & clothing distribution company. We are going to brand several skateboard lines and clothing lines. We choose a name we thought sounded really "GREAT" for one of our lines. We paid for a search through Legal Zoom ® and have gotten our search back last month. Found out that there is a registered business name under this search. There isn't a brand name product under this business name that I know of; however this is a registered business name. The name is spelled differently. The name means the same thing, sounds the same, but ours would be spelled with a "Z" instead of an "S". This is a company/shop that sells skateboards, etc. This brand name we would use would be a line of skateboards & clothing. We would like to register/trademark this name if at all possible. My husband tried to contact the company which is located in Southern California, but no number was given in the search results we received. We tried to do a search for this company on the internet as well. Nothing came up on the internet. I'm sure we could call directory assistance and give them their address to get their number. My husband wanted to ask if they have trademarked their name of their business as a branding product. I don't know it this would work against us or not. This is a small skateboard shop in California. We would love to still be able to use this name for our skateboard & clothing line. I'm just a little lost. I'm not sure if we should continue pursuing it or just drop it all together. I could use some advice! Thanks!!!