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mowngrow
03-07-2002, 12:30 AM
The name of my business is MOW -N- GROW Lawn Service & Landscaping. I have been going by that name for five years.
Just last month a fellow with the company name of YOU GROW, WE MOW called me and said that I was going to have to change my company name because his customers were calling me.
any advice
LAWNGODFATHER
03-07-2002, 01:08 AM
Tell him take a hike.
Greenstar Services
03-07-2002, 01:18 AM
If your name is registered than he is out of luck.Enjoy the rewards of the name game.
gogetter
03-07-2002, 01:52 AM
Uh, tell him if he hadn't noticed, they aren't the same name. He has no complaint.
PAPS
03-07-2002, 02:09 AM
Tell that guy to F off... thats crazzy.... the names aren't even the same...???????
vipermanz
03-07-2002, 04:14 AM
i would tell him that they are 2 completly differing names and that i am not the one being affected by this and any action to correct this should by executed by him.
BigJim
03-07-2002, 04:22 AM
Hey I drive past a Mow-N-Grow Lawn Service guy every day,You got a branch down here as well?:D
HOMER
03-07-2002, 06:15 AM
Tell him you appreciate the business you've gotten by the mistaken identity.

He hasn't got a case.

When did he go in business?
keifer
03-07-2002, 07:24 AM
[QUOTE]Originally posted by gardengod
If your name is registered than he is out of luck.Enjoy the rewards of the name game. [/Q UOTE] How and where would you regester a name.
jeffex
03-07-2002, 07:32 AM
I do pressure washing and 12 yrs ago I called it DECK DOCTOR. It is a very obvious name. 2yrs ago some guy calls me and tells me he is going to sue me if I don't change my name as his wife saw my sign near thier house. He is called DECK DOCTORS. I politely told him to go right head and was as nice as I could be to him. I invited him and his wife over to my house to talk business as i felt there was more than enough work to go around. I think it flipped him out and I told him that if he could show me his copywrite on the name I would be glad to change. Never heard fom that jacka$$ again. It was a nice try to protect his business it sounds like your guy is trying to intimidate you too.
trophytkr
03-07-2002, 07:42 AM
If you have been going by that name for 5 years and he hasn't said anything before where was he? Seems to me he's the johnny come lately and he's trying to steel your business not the other way around. Call his bluff. Tell him to get a life they're on sale at Walmart this month for 14.95;)
stslawncare
03-07-2002, 11:03 AM
tough doo doo for him. also where do u register and what are the requirements?
LAWNGODFATHER
03-07-2002, 01:04 PM
Originally posted by stslawncare
tough doo doo for him. also where do u register and what are the requirements?

No one has ever thought to type, "Copyright" or Patent" or "Regester name" or "Trade mark" in their go box on their browser?

United States Patent Office. www.uspto.gov
Martino
03-07-2002, 04:09 PM
You do not patent or copyright business names. Trade names are registered by your state.
trophytkr
03-07-2002, 04:28 PM
here we go to the county court house to the register of deeds and for 11 bucks they make sure no one else has that name in the area and then notorize it and send you a copy back
LAWNGODFATHER
03-07-2002, 04:30 PM
Originally posted by Martino
You do not patent or copyright business names. Trade names are registered by your state.

Did I miss the link you posted?

If you looked at the site, you can check status on any name.

Never the less, not hard to find.

A ficticous name doen't mean squat.

Trade Mark it. I could register any of your comapny names, and Trade Mark it and make "YOU" change yours.
samk
03-07-2002, 05:24 PM
in new hampshire you you go to the secretary of state pay 50.00 and the name is yours for 5 years just have to renew every fifth year
Martino
03-08-2002, 01:22 PM
Originally posted by LAWNGODFATHER


Did I miss the link you posted?

If you looked at the site, you can check status on any name.

Never the less, not hard to find.

A ficticous name doen't mean squat.

Trade Mark it. I could register any of your comapny names, and Trade Mark it and make "YOU" change yours.

I'm sorry, but what in the world are you talking about? This is from the website link that YOU posted:

"The Trademark Act does not provide for registration of trade names on either register, but only for registration of trademarks. See In re Letica Corp., 226 USPQ 276, 277 (TTAB 1985) ("[T]here was a clear intention by the Congress to draw a line between indicia which perform only trade name functions and indicia which perform or also perform the function of trademarks or service marks.").

If the examining attorney determines that matter for which registration is requested is merely a trade name, registration must be refused both on the Principal Register and on the Supplemental Register. The statutory basis for refusal of trademark registration on the ground that the matter is used merely as a trade name is found in §§1, 2 and 45 of the Trademark Act, 15 U.S.C. §§1051, 1052 and 1127, and, in the case of matter sought to be registered for services, §§1, 3, and 45, 15 U.S.C. §§1051, 1053 and 1127."

Very rarely can a trade name be registered under trademark laws. However, to be accurate, the law states:

"In appropriate circumstances, a trade name or commercial name may function as a trademark or service mark in addition to identifying a business or vocation. See In re Walker Process Equipment Inc., 233 F.2d 329, 332, 110 USPQ 41, 43 (C.C.P.A. 1956), aff'g 102 USPQ 443 (Comm'r Pats. 1954) ("[T]he question of whether a corporate name, which is also a trade name, has been used as a trademark must be decided on the circumstances of each particular case.")."

Again, folks, to register your name in your state, contact the Secretary of State where you reside. Don't waste your valuable time with federal trademark law.