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Trademark question for a slightly altered word

by warrenonline
11 replies
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Hi guys,

Just curious about something and wanted to get some thoughts from those who know a bit about trademarks and the like here.

Let's say I've come up with a company name that's a slightly new coinage of a known word or a fusion of two known words -- think Accenture, Intellicast, that kind of thing, am I able to use it if what follows the name is different and in a different sector?

I'll give a thumbsuck example. Let's say the word is 'triumphant' and I've come up with Triumphiant. I find there's a company out there called Triumphiant Financial LLC. I want to be Triumphiant Media LLC. Do they have trademark control on Triumphiant even though my name would be different when taken as a whole?

And if they use just the Triumphiant part in their logo, can I also just use the Triumphiant part in my logo or would my logo have to actually be Triumphiant Media to set us apart?

Would appreciate any thoughts. Thanks.
  • Profile picture of the author kindsvater
    The main issue with trademarks is whether consumer confusion results. This is why trademarks are registered on a product category by category classification, and the same trademark can be held by different companies.

    Example: Delta is an airline and a faucet. No consumer confusion between the two. But if you start Delta Gold Faucets you'll have a problem.

    If Acme is a financial company there shouldn't be a problem starting an Acme media company.

    .
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  • Profile picture of the author Claude Whitacre
    If you are not in the same business at all, you probably have no problem. Just don't copy someone else's logo.

    Te law is to keep you from confusing the market, and take away from someone else in a similar business.

    If you had a store called "McDonald's Printing", McDonald's wouldn't care. If you have a restaurant, they would care. Or, if you had the printing company,d used their logo, or the golden arches. That's asking for trouble.

    But I'm not a lawyer.
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    • Profile picture of the author seasoned
      Originally Posted by Claude Whitacre View Post

      If you had a store called "McDonald's Printing", McDonald's wouldn't care. If you have a restaurant, they would care.

      DON'T BET ON IT!


      Example: Delta is an airline and a faucet. No consumer confusion between the two. But if you start Delta Gold Faucets you'll have a problem.

      If Acme is a financial company there shouldn't be a problem starting an Acme media company.
      AGAIN, DO NOT BET ON IT!

      I worked for a little company called IBM! Because I have probably said enough about this, I won't bother staing the whole name again. ANYWAY, there is a little company called International Business Machines. The name is similar to the other company's name AND, like the other company, THEY like to call themselves IBM. Perhaps you are using a computer NOW that is based somewhat on their old PC/XT/AT systems! ANYWAY IBM, the VERY big one, sued the smaller IBM. LUCKILY, the little one had good enough lawyers, and they "won" the suit. So their prospects are limited, they are being watched, and they were sued, but at least they can keep the name.

      But HEY what about NISSAN, the person with the last name, versus NISSAN the company that LATER became known in the US as what WAS DATSUN? APPARENTLY, they have brought their system back up, but it is WITH A WARNING to others! He apparently even started a new site to keep them somewhat separate, but CHECK IT OUT: Nissan Computer Corporation So YEAH, conventional wisdom only has a chance here of being somewhat reasonable if you are HUGE, WEALTHY, and OK with not getting your way.

      Steve
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      • Profile picture of the author Dan Riffle
        Originally Posted by seasoned View Post

        DON'T BET ON IT!




        AGAIN, DO NOT BET ON IT!

        I worked for a little company called IBM! Because I have probably said enough about this, I won't bother staing the whole name again. ANYWAY, there is a little company called International Business Machines. The name is similar to the other company's name AND, like the other company, THEY like to call themselves IBM. Perhaps you are using a computer NOW that is based somewhat on their old PC/XT/AT systems! ANYWAY IBM, the VERY big one, sued the smaller IBM. LUCKILY, the little one had good enough lawyers, and they "won" the suit. So their prospects are limited, they are being watched, and they were sued, but at least they can keep the name.

        But HEY what about NISSAN, the person with the last name, versus NISSAN the company that LATER became known in the US as what WAS DATSUN? APPARENTLY, they have brought their system back up, but it is WITH A WARNING to others! He apparently even started a new site to keep them somewhat separate, but CHECK IT OUT: Nissan Computer Corporation So YEAH, conventional wisdom only has a chance here of being somewhat reasonable if you are HUGE, WEALTHY, and OK with not getting your way.

        Steve

        McDonald?s Budget Printing & Copy Center | Office Print

        McDonald Supply

        Sacramento Plumbing, Plumber, Heating, Air Conditioning Company | Citrus Heights, Roseville, Elk Grove, Folsom, Rancho Cordova


        That said, being within the legal scope of the law doesn't stop a company from filing a law suit.
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        • Profile picture of the author kindsvater
          I should add for very famous trademarks, which are rare, there can be what amounts to a monopoly on the mark to prevent it from being tarnished.

          Example: Google Dog Sh*t Scoopers would invite a claim the Google brand is being tarnished.

          .
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        • Profile picture of the author seasoned
          Originally Posted by Dan Riffle View Post

          Is it legal to come close to, or even use a trademark for another purpose? Actually, no, but under precedent and history, yeah. BUT, as I said, don't bet on it. HECK, Hormel is being more fair about THEIR trademark than they should be. They have a much maligned product called SPiced hAM, or SPAM for short. And look at where THEY are! XEROX practically threw their trademark away. STILL, they are EXPECTED to protect the mark, even if they feel they will lose. They are like a little dog that must bare its teeth every now and then, or they will just get kicked around.

          Steve
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          • Profile picture of the author kindsvater
            Originally Posted by seasoned View Post

            Is it legal to come close to, or even use a trademark for another purpose?
            Here's a fun article on the issue:

            Trademark Tarnishment: Trademark Law

            My favorite is Chewy Vuitton squeaky dog toys.

            .
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            • Profile picture of the author seasoned
              Originally Posted by kindsvater View Post

              Here's a fun article on the issue:

              Trademark Tarnishment: Trademark Law

              My favorite is Chewy Vuitton squeaky dog toys.

              .
              Well, it goes back and forth BUT, in the end of the day, it says you can be sued and sometimes you can be toast. That is all I was saying. I won't pretend to know where the sticks will land, and only half the time will I attempt to guess. When I heard IBM sued IBM, WOW! Like I said, they WERE allowed to keep the name. I will say that if it were blue, especially made of horizontal blue stripes, they may have had the book thrown at them. International Business ..... or International house of .... is clearly WAY too common, but the common expression should be audibly different. WHAT church would want to be called IHOP?

              Steve
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  • Profile picture of the author warrenonline
    Thanks, kindsvater and Claude. That's very helpful. Thanks.

    I can definitely see what you're both saying when it's for words in, for want of a better phrase, the public domain: There can be a Delta Printing Company, a Delta Media Company, an Uber Gym Co. or an Acme Construction Co., as they're words in the public domain; McDonald's is a surname, there can be a McDonald's Fabric Company, Forbes Lighting, Reuters Tobacco, etc., etc.; there could maybe even be a Dreamworks Pillows Co. and a Facebook Leatherbinders Company, as they're a combination of words in the public domain. But surely there could never be a Verizon Financial or Accenture Bathtubs or Nescafe Plumbing, names that are new-minted, as it were, however different the product category is. Just still wondering about that.

    Thanks so much, guys.
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  • Profile picture of the author seasoned
    Originally Posted by waterprism View Post

    Hi guys,

    Just curious about something and wanted to get some thoughts from those who know a bit about trademarks and the like here.

    Let's say I've come up with a company name that's a slightly new coinage of a known word or a fusion of two known words -- think Accenture, Intellicast, that kind of thing, am I able to use it if what follows the name is different and in a different sector?

    I'll give a thumbsuck example. Let's say the word is 'triumphant' and I've come up with Triumphiant. I find there's a company out there called Triumphiant Financial LLC. I want to be Triumphiant Media LLC. Do they have trademark control on Triumphiant even though my name would be different when taken as a whole?

    And if they use just the Triumphiant part in their logo, can I also just use the Triumphiant part in my logo or would my logo have to actually be Triumphiant Media to set us apart?

    Would appreciate any thoughts. Thanks.
    Why not try naming your company based on mazda or wankle? STAY AWAY from "Accenture". It isn't a word! In defining a trademark, make sure you don't use or trample on others.

    HECK, I saw an article on dw.de just yesterday about how companies were fighting for a common shade of blue, another fought for a shade of yellow, and one for red! NOT a combination, look, or feel, but a given COLOR!

    Steve
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  • Profile picture of the author DougBarger
    International House of Prayer is the name of a church where IHOP could be considered the acronym.

    Or was that more of a rhetorical question for illustrative purposes, Steve?
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