Trademarks

[SuperLawn]

Hi guys
Look what happened to me I have my business name register (SUPERLAWN) in Salt Lake City UT 5 years ago and today I got a mail from some office? Layers that they have a trademark for SUPELAWN and I have to stop using the name of SuperLawn .Can you believe after so many years a have to look out for another name.

Anybody knows how to figure out if the name I choose is not a Trademark?
Any suggestion will be appreciate
Thank you
Tony

[MuskTurfKing]

Well if it's registered wouldn't that make it yours? Call the office and find out.

Hank

[yardboyltd]

Talk to an attorney. There's many different clauses in trademarking. In certain cases where you trademark, some companies can challenge it. There's a slight chance this is a scare tactic, but again consult a lawyer.

[rodfather]

I can believe it.

Do you have the proper documentation from 5 years ago with the US Government that your name (SUPERLAWN) was searched and found that it was not being used by anyone and was "available" to be registered by you?

If you are using someone else's name for profit, they can come back after you for their loss of income by you infringing upon their name and/or trademark.

You can do a search over the internet through the US Patent Office in Washington, D.C. to get the answer to your question about whether or not SUPERLAWN is already taken and when the other "party" (people who contacted you) registered it.

Or, best scenario is someone is using a scare tactic on you.

Good Luck.

[greensummer]

I would consult an attorney but you can claim that you have been using this business name for sometime, so this may allow you to keep operating under your current situation. But I'm not familiar with U.S. trademark laws. I'm fortunate to be trademarked here in Canada but if you can keep us posted it would be real interesting to follow your case. Any information that you feel will benefit us please post all relevent information.

Good Luck!;)

[khouse]

You can't protect your name by registering it. You must file for a trademark. I found out the hard way. Also when you incorporate in a certain state it is not protected in another state. Someone can't register the same name and get you to change your name. They had to register thier name for that to happen.

[DaveK]

US Patent and Trademark website (http://www.uspto.gov)

BTW, there is no SUPELAWN trademarked.

There is a SUPERLAWNS. Trademarked in 1976. Superlawns, INC. Rockville, Maryland.

[Runner]

Did this happen to come from SuperLawn Trucks? Just curious.

[DaveK]

If you we replying to me, no.
It is a lawn maintenance service.

Here is the logo that was trademarked.
http://tess.uspto.gov/webaka/images/73574130.gif

[Fantasy Lawns]

are they in your area ??? maybe they are tring to get you to give up your name so they can add the "r" ....I'd looking into it thru the county n state n lawyer .... good luck

[Runner]

Man, what a gaudy looking logo!

[SuperLawn]

Well I lost my Company name today; I went to talk to an Attorney and he said that I don’t
Have any right to have SuperLawn or SuperLawns because they have Trademarks this Names

Well I just have to change name a go on with my business. Is to bad because I Have this name for over 5 years; is like give away a Son; but is Ok nobody said is going to be easy

One good thing about it, I always surf the Web (Lawnsite.com) and never talk to anybody I really appreciate all your advice regarding my situation, now I can count with somebody around, even if someday go to another city I will be able to said I have a FRIENDS around all U.S. is better to said bye I am getting emotion


Thanks to you all guys

Tony Ortigoza

Runner: I have no a idea
Fantasy Lawns: They are from Maryland

[DaveK]

Boy, that's a bummer. :(

Try not to take it personal, they HAVE to enforce their trademark even if you are 1000's of miles away. Otherwise the trademark is meaningless.

[khouse]

Don't worry. I was just asked to play third base after playing short stop for 17 years on the same team. I'm bummed. I know he'll play like I did at 27 yrs old. Being 41 I guess it was comming. Anyway, why don't you just change your name to
Superb Lawns? It's only 1 letter off. Just write in a B on your existing cards!

[Runner]

What a great idea! Has a nice ring to it, as well!:cool:

[Tony Harrell]

Superb Lawns sounds great to me.

[keifer]

So do you regester at state level or gov.does it cost? Any one know how much? a outline would be nice. Thanks

[DaveK]

keifer, you can get a DBA at county level. But somebody incorporated at state level with the same name, can take your name away (if they had it first). Registering a trademark is at the US gov. level. Costs much more. Here are the trademark fees. (http://www.uspto.gov/web/offices/ac/qs/ope/1999/fee20011001.htm#tmfee)

[SuperLawn]

I like: Superb Lawns


SuperbLawns
Organic Based Lawn Care

What do you guys Think...It has a business look?

Thank you

Tony

[Tony Harrell]

I think it's better if you seperate the name into two words with all caps. Seperated words will give an emphasis on both words, All capital letters would indicate a company name whereas capital first letters would simply be descriptive. something like this; SUPERB LAWNS; A Full Service Lawn Care Company. Gee, that looks good! I gotta go now!!!

[laynlow]

I would get a second atty's opnion. If you were doing business under your name before this company came along and trademarked, you might still be able to use the name. I work in the printing industry full time, and one of my vendors is named Minuteman Press. The chain Minuteman came into town and tried to make him change his name, but he had been doing business for 25 years.

Long story short, they had to live with it (they went out of business anyway! HA!)

Best of luck...

[RoyaleRcr]

Talk to your attorney on this first. Try adding something like
"Tony's SuperLawns" Or "Tony's SuperLawn of Salt Lake" or maybe "Salt Lake SuperLawns" How about something like:

"TONY'S LAWNCARE" Company name, register this one.
"For a Super Lawn" Second line tag do not register this one, it simply explains what you do. This way maybe you won't loose your corporate identity. By the way, an attorney will allways give you the worst case scenario.

Get the point? But check with attorney. Then takes ya chances!

Good Luck

[greensummer]

SUPERB LAWN sounds good to me.;)