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sglawn
01-06-2005, 10:31 PM
Hey,
I am in desperate need of renaming my business. If anyone has any ideas or suggestions please let me know. N E thing will help, I would just like to get it changed before spring. Thanks for any replies. that are greatly appreciated.

Brianj
01-06-2005, 10:33 PM
MowTown!!!

grass disaster
01-06-2005, 10:34 PM
try grass disaster. that's what my buddies call me. or better yet A@@ master. :blob3:

gvpa20
01-06-2005, 11:35 PM
Hey,
I am in desperate need of renaming my business. If anyone has any ideas or suggestions please let me know. N E thing will help, I would just like to get it changed before spring. Thanks for any replies. that are greatly appreciated.
How about EZ Cuts Short and EZ to remember :alien:

1MajorTom
01-06-2005, 11:44 PM
why the desperate need? what's wrong with spring green lawn care?

all ferris
01-07-2005, 12:27 AM
Did you make a bad name for yourself so now you need to change it to get a new id? maybe try somesort of name that already has reconition in your area.
For instance if you lived in Boston maybe you could call yourself sox lawn care. Also, it seems as if simple names are easy to remember.

JimLewis
01-07-2005, 03:01 AM
why the desperate need? what's wrong with spring green lawn care?

Yah, I am curious too. Spring Green is a great name. There is a Spring Green here in Portland, OR. They are one of the larger landscape maint. companies in the area. Seems to be a successful name.

Mo Green
01-07-2005, 08:08 AM
Yes, I agree, Spring Green is a good name. Why so desperate?

sglawn
01-07-2005, 09:13 AM
I have to change because, i just started my business last year. I live in Tennessee. When i applied for the business license nobody in the state of Tennessee had it, so i got it. About mid summer last year i get this phone call from a guy in Illinois saying he franchises the name spreen green lawn care (which he really does) and that i have to change my name. Which really doesn't make a whole lot of sense, but my lawyer said it would be best for me to go ahead and change my name now than battle it out with him or if he for some reason comes to tennessee with his business five years later than it would be much more costly to change my name then than it would be now. So to make a long story short that is why i have to change, and the reason i am so desperate is because i would like to get that done before this spring starts. Thanks for all your replies.

all ferris
01-07-2005, 09:34 AM
Say it how it sounds FUGM

Just add to the name if you do anything. Spring Green of Tennessee

tonygreek
01-07-2005, 09:35 AM
since you're a new business, it's probably a good idea to do it now and not hassle with what will result in your legal fees, and possibly his, due to his trademark ownership of "spring-green", especially since he's obviously keeping tabs on possible infringement.

walker-talker
01-07-2005, 09:57 AM
Say it how it sounds FUGM

Just add to the name if you do anything. Spring Green of Tennessee
There ya go!! I can't name my business Progressive, but I can name it Progressive Lawn & Landacape....can you name you business something like Spring Green Lawn Maintenance.....no the same as lawncare??? I like Spring Green also....I would find a way to keep it.

GrassBustersLawn
01-07-2005, 10:58 AM
Let's see if I've got this straight...

You legally registered your name in YOUR STATE (Tenn). Some guy in ANOTHER STATE (Ill.) is trying to make you change it because HE MIGHT want to start a franchise in TENN some day?

WELL, I'd tell him to pucker up and KISS MY @SS. I'd also get a new lawyer too! (Unless the company name is TRU-GREEN CHEM LAWN!!!)


Mike

sglawn
01-07-2005, 11:15 AM
i can't just add to it. My lawyer says the Spring Green part has to be gone all together. Believe me i have tried every way in the world to be able to keep it, but it just doens't look possible.

tonygreek
01-07-2005, 11:19 AM
grassbusters, the name is federally trademarked.

Soupy
01-07-2005, 12:00 PM
i can't just add to it. My lawyer says the Spring Green part has to be gone all together. Believe me i have tried every way in the world to be able to keep it, but it just doens't look possible.

What I am about to say is just hear say and not legal advice in any way.

I had a similar problem almost a year ago. I had a guy contact me and ask me to change my name because he already owned it. I spent a lot of money on full truck lettering (not just the door) and Doorhangers, business cards, uniforms, logo, design fees etc. etc.. There was no way I was changing it unless I had to. He mentioned a trademark etc. So I contacted a Patent and trademark attorney. They did a search and found no trade marks. I was told by the lawyer that there wasn't anything they could do but try to scare me. He said they didn't have a leg to stand on. By the way, please don't ask me who the other company is because I won't tell you and there are a half of dozen companies across the U.S. that I know of now that uses similar names. Which brings something else up, My name wasn't identical to theirs anyway. But here is more of what the Trademark attorney said. He said that even if they tried to go and trademark it federally (state is only good for that state) that I would be grandfathered in. A Trademark only protects you from new companies starting under that name. He also said that you automatically have common law trademark in your operating area as long as you can show dates of when you started. Things like registration in your county etc. is proof of when you started using a name. So you might want to check the dates on his trademark.

I was also given a list of questions to ask this guy just encase they missed something in their search. One of them was for his trademark #. I was advised that if they didn't answer my questions and still insisted on me changing the name that they would step in immediately and take control. But they said it is always better to try and handle it in a friendly manner as long as possible, which we did. I still have the name, but I made a gentleman's promise that I would not move to his State. I do not hold any ill thoughts toward this guy for trying to get me to change my name.

if you know he has a federal Trademark and it is dated before last year then you should change it. But if you really do want to alter your name so it is similar then you might try talking to a Trademark attorney (if the one you are talking to is not one). The reason why I say this is because they have far more knowledge then other types of attorneys on this issue.

tonygreek
01-07-2005, 12:10 PM
the...name...is...trademarked, albeit with it being hyphenated, which is not a differentiator in the eyes of trademark law. it's made even worse by the simple fact that the 2 spring greens compete in the same space.

uspto.gov to search.

Tn Lawn Man
01-07-2005, 12:44 PM
My wife is a legal secretary for an IP (intelectual property) law firm and deals with this daily. They do trademarks, patents etc...

The Illinois company must:

1. Have used the name in the business capacity first

and

2. Engage in interstate commerce

to affect your business in Tennessee.

If he is only in Illinois is won't affect you. However, if he does business out of the state it does affect you.

Furthermore, you cannot change your name to anything too close to his business name becaue it will fall under the "likelihood of confusion" clause of the law.

Updog
01-07-2005, 02:18 PM
I worked for a company in ATL named aeration services someone saw the success of our company and started aeration and overseeding services. If they can do that it seems like you could too.

tonygreek
01-07-2005, 02:52 PM
the term "aeration services" is in no way a trademarkeable textual term. you can trademark a service mark for it, but for a word mark (textual term) you're probably out of luck. the first failure for this will be at the state level, where you will find out that the words are not unique enough to own in a protected manner.

no offense, but the bulk of the advice given to just go for it will result in his dime heading for legal bills. all the owner has to do is file suit and your legal bills begin. is it worth it given his monitoring of it's use? just look up a local attorney that deals in Intellectual Property and Trademark law and get advice that won't cost you down the road.

JimLewis
01-07-2005, 05:45 PM
Well, I agree with the others - I'd probably keep it or change it slightly. I'd fight. And I agree with the others that they probably don't have a leg to stand on legally. That being said, it could turn out to be more of a problem than you want to deal with. So I will respect your wishes to change your name.

So let's get on with some good names, guys.

When it comes to names, I always say it's a good idea to be more broad than JUST lawn care. I know you're new and at this point you probably aren't interested in ever doing anything else. You don't see yourself doing retaining walls, sprinkler systems, landscape construction, etc. But that COULD change down the road. When I started, in 1996, I always told people I would never want to do anything other than maintenance. I really believe that too. But as I grew my company, I was turning down SO MUCH landscape and sprinkler business and giving so much work to other contractors that I finally just said to myself, "This is just stupid. I am giving away tens of thousands of dollars here!" And so I began learning how to do other work. In about 2000 or so, we got licensed to do all types of landscaping and irrigation services. Then, my business REALLY changed. Thankfully, I didn't chose "Lewis Lawn Care" as my name. Because I would have had to change it.

One other thing is your name should instantly tell what it is you do. If you name your business "Smith Enterprises" that says nothing. That could be an engineering firm, a cookie factory, a construction contractor, who knows? It's totally generic. So keep your name something related to lawns or landscaping.

So that's my 2 cents on names. I like names with stuff like "Landscape Services", "Landscape Enterprises", "Landscape Industries", "Land Care", "Grounds Services", etc.

You could use your last name, as I did. e.g. "Smith Land Care". Or I also see a lot of people use geography in their name. For instance, in my area there is a very successful company called "Trion Creek Landscaping" which, Trion Creek is just a local creek that runs through their town. It kind of tells people where they are from. We also have "Cooper Mountain Roofing", relating to a rich area here in Beaverton called Cooper Mountain. Again, it tells people where you are from.

Finally, I think names that elude to excellence are always good choices. Although they are usually also very popular and often taken. Names like "Premier Landscape Services" or "Deluxe Land Care" etc. are good ones, IMO.

P&C Lawn Care
01-07-2005, 06:01 PM
I would check with another lawyer. If the state of TN let you register it then you should be ok. Obviously this guy in IL did not register his in TN. Guess he can't franchise in TN. I like the name. You could add the name SG of TN. Or even SG Lawn Maintenance.

Mo Green
01-07-2005, 06:08 PM
Hey,
I am in desperate need of renaming my business. If anyone has any ideas or suggestions please let me know. N E thing will help, I would just like to get it changed before spring. Thanks for any replies. that are greatly appreciated.


I would use a local landmark name(a river, lake, township name, etc.) to use. Or use your name. I also like the idea of using landscape maintenance, or landscape service.

nitrotim
01-07-2005, 06:13 PM
I have to change because, i just started my business last year. I live in Tennessee. When i applied for the business license nobody in the state of Tennessee had it, so i got it. About mid summer last year i get this phone call from a guy in Illinois saying he franchises the name spreen green lawn care (which he really does) and that i have to change my name. Which really doesn't make a whole lot of sense, but my lawyer said it would be best for me to go ahead and change my name now than battle it out with him or if he for some reason comes to tennessee with his business five years later than it would be much more costly to change my name then than it would be now. So to make a long story short that is why i have to change, and the reason i am so desperate is because i would like to get that done before this spring starts. Thanks for all your replies.

I would to GODADDY.COM and buy the domain name for spring green If he dosen't already own it. Then when he wants a website you can sell it to him for some payup

nitrotim
01-07-2005, 06:29 PM
As matter of fact all of the spring green lawn care domains are available. Check here.

https://www.godaddy.com/gdshop/registrar/search.asp?se=%2B&ci=164

coastallandscapesolutions
01-07-2005, 06:37 PM
I have to change because, i just started my business last year. I live in Tennessee. When i applied for the business license nobody in the state of Tennessee had it, so i got it. About mid summer last year i get this phone call from a guy in Illinois saying he franchises the name spreen green lawn care (which he really does) and that i have to change my name. Which really doesn't make a whole lot of sense, but my lawyer said it would be best for me to go ahead and change my name now than battle it out with him or if he for some reason comes to tennessee with his business five years later than it would be much more costly to change my name then than it would be now. So to make a long story short that is why i have to change, and the reason i am so desperate is because i would like to get that done before this spring starts. Thanks for all your replies.

If you registered it before he did in your state then he is SOL. On the other hand, if he has the name and logo as a registered trademark then there can be no others. It has to be registered in Washington, D.C. You can search it online to find out.

I went through this with someone in Feb of last year. He ran a lot of talk, was going to sue us and so forth. After a letter from our attorney that explained life to him he went away. It cost me a $100 bucks for the letter for the attorney. I like your name and before I change it I would find out if he has a leg to stand on or if he is blowing smoke up your a$$.

wbw
01-07-2005, 06:40 PM
Help the man out with some names. Trim Lawn, Mow-Town...whatever.

He already has a lawyer for his legal advise.

coastallandscapesolutions
01-07-2005, 06:43 PM
i can't just add to it. My lawyer says the Spring Green part has to be gone all together. Believe me i have tried every way in the world to be able to keep it, but it just doens't look possible.

I just checked the IL Sec of State. Here are the results:

CORP MST 55435278 SPRING GREEN, INC. (http://www.cyberdriveillinois.com/CorpSearchWeb/CorporationSearchServlet?fileNumber=55435278&sysId=CD&nameType=MST)
CORP OLD 55912807 SPRING GREEN LANDSCAPING INC. (http://www.cyberdriveillinois.com/CorpSearchWeb/CorporationSearchServlet?fileNumber=55912807&sysId=CD&nameType=OLD)
CORP MST 51109902 SPRING-GREEN LAWN CARE CORP (http://www.cyberdriveillinois.com/CorpSearchWeb/CorporationSearchServlet?fileNumber=51109902&sysId=CD&nameType=MST)
LLC MST 00126551 SPRING GREEN, L.L.C. (http://www.cyberdriveillinois.com/CorpSearchWeb/CorporationSearchServlet?fileNumber=00126551&sysId=LL&nameType=MST)
CORP MST 61533508 SPRING GREEN OF NAPERVILLE, INC. (http://www.cyberdriveillinois.com/CorpSearchWeb/CorporationSearchServlet?fileNumber=61533508&sysId=CD&nameType=MST)
CORP MST 51007727 SPRING GREEN VILLAGE HOMEOWNERS ASSOCIATION (http://www.cyberdriveillinois.com/CorpSearchWeb/CorporationSearchServlet?fileNumber=51007727&sysId=CD&nameType=MST)

Which blow hole is he? I don't see any conflict with your current name. If he has a problem with "Spring Green" then he needs to clean up his own F'n backyard before jumping state lines.

coastallandscapesolutions
01-07-2005, 06:45 PM
i can't just add to it. My lawyer says the Spring Green part has to be gone all together. Believe me i have tried every way in the world to be able to keep it, but it just doens't look possible.


Oh yea.... you can change your name and add on to it there. One of our other businesses is registered there and we modified the name 2 years ago.

Get a new attorney.

JimLewis
01-07-2005, 07:08 PM
Help the man out with some names. Trim Lawn, Mow-Town...whatever. He already has a lawyer for his legal advise.

No kidding. Come on guys. It's obvious that he isn't interested in pursuing it any further. Let it go already and give the guy the help he's asking for with names.

grass disaster
01-07-2005, 07:35 PM
i'm going with Grass Masters what do you think?

Tn Lawn Man
01-07-2005, 07:38 PM
I personally don't like owner names in the business name. If you ever decide to sell the business it hurt ya. The new owner doesn't want to run under the old owner's name.

Being in the Knoxville area there are probably a lot of Volunteer Lawn and Landscape companies....but if not, there ya go.

Smoky Mountain Landscape and Lawns

Two Hillbillies and a Goat

Powell Lawncare

coastallandscapesolutions
01-07-2005, 08:22 PM
I personally don't like owner names in the business name. If you ever decide to sell the business it hurt ya. The new owner doesn't want to run under the old owner's name.

Being in the Knoxville area there are probably a lot of Volunteer Lawn and Landscape companies....but if not, there ya go.

Smoky Mountain Landscape and Lawns

Two Hillbillies and a Goat

Powell Lawncare


Would the Goat be considered a Walkbehind or a rider.... :p

Keep your name you have now. Get a new attorney and I am sure that he will tell you the same thing. I checked with the Pat. Office and the name you have is fine. Checked both IL and TN too.

Smithers
01-07-2005, 09:10 PM
Would the Goat be considered a Walkbehind or a rider.... :p

Keep your name you have now. Get a new attorney and I am sure that he will tell you the same thing. I checked with the Pat. Office and the name you have is fine. Checked both IL and TN too.
Coastal is RIGHT - get a new attorney and grow a back bone too. Stand up for yourself.

Tn Lawn Man....that was F'n hilarous...

Go with "Rocky Top Sucks"....i mean, "Rocky Top Yard Care".

hehe. i went to Florida. :):)

coastallandscapesolutions
01-07-2005, 09:19 PM
Coastal is RIGHT - get a new attorney and grow a back bone too. Stand up for yourself.

Tn Lawn Man....that was F'n hilarous...

Go with "Rocky Top Sucks"....i mean, "Rocky Top Yard Care".

hehe. i went to Florida. :):)

And I went to UT..... :cool:

http://www.utk.edu/images/utlogo.gif

tonygreek
01-08-2005, 05:30 PM
coastal, i'm confused on your checking the patent office. if you searched under "patents", then that's the problem. i'm looking at the federal trademark filing for spring-green right in front of me.

grass masters, i like the name, but i'd always check domain name availability (if it's important to you) and federal trademarks prior to choosing. i see 2 filings for the trademarked textual term of "grassmaster" with "grass master" having a dead filing.

whois.org for domains
uspto.gov for trademark status

let us know how it goes.

tony

coastallandscapesolutions
01-08-2005, 07:15 PM
coastal, i'm confused on your checking the patent office. if you searched under "patents", then that's the problem. i'm looking at the federal trademark filing for spring-green right in front of me.

grass masters, i like the name, but i'd always check domain name availability (if it's important to you) and federal trademarks prior to choosing. i see 2 filings for the trademarked textual term of "grassmaster" with "grass master" having a dead filing.

whois.org for domains
uspto.gov for trademark status

let us know how it goes.

tony


I checked for Trademark filings. The issue wasn't domain names for him. I however did not hyphenate the name. Maybe that is why it did not come up.

sglawn
01-09-2005, 11:09 PM
sorry i just now got to write back...i have been outta town. N E wayz the guy has the name federally tradmarked. he is a franchise and is in 11 states. he has a web site. and he was in business before me. my lawyer is a tradmark lawyer and he also told me that the guy doesn't really have a dog in the fight right now, but if he was to branch out to Tennessee or i was to branch out to n e where he is then we would have a conflict and he would win. That is why my laywer advised me that it would be much cheaper and easier to change my name now than to take a chance on changing it five or ten years from now. So that is why i have just decided to change it even though i don't wan to. i have shirts, cards, reputation, a 16' enclosed trailer that is completly lettered...etc. so believe me guys i don't wanna change it, but it is looking like i have to....so please help me think of some names...and thanks to all you guys for taking the time to write replies.

Soupy
01-09-2005, 11:33 PM
Here are a few that I like, but you will need to ask your attorney if you can use them. I'm sure you already know that though.

Lawn Ranger
Lawn and Order
The lawn Firm
Lawn Guy
Lawns by the yard
Turf Specialist
Turf King

Can you post your logo so maybe we can help come up with a name that matches. This was you can just change that portion on your trailer etc.

Another thing to do is try to find a name that has a web address available. Even if you don't plan on having a web site now, eventually you will. Some day everything will be done through websites.

JimLewis
01-10-2005, 07:13 AM
Another thing to do is try to find a name that has a web address available.

Yah, Soupy is still upset that he didn't buy www.soupy.com before it was too late. He was heartbroken the day he found out and has vowed to never eat another Fortuna sausage ever again. Don't make the same tragic mistake.


:p :p :p

Mo Green
01-10-2005, 08:27 AM
Find a local landmark, neighborhood name, township name, or street name, and name it after that.

Red River Landscape Services
Southside Landscape Maintenance
Forrest Hill Lawn Service
Timberline Lawn and Landscape

Soupy
01-10-2005, 08:52 AM
Yah, Soupy is still upset that he didn't buy www.soupy.com before it was too late. He was heartbroken the day he found out and has vowed to never eat another Fortuna sausage ever again. Don't make the same tragic mistake.


:p :p :p

:laugh: :laugh: :laugh: :laugh:

blair smock
01-10-2005, 09:16 AM
Been there Done that, Not worth the Fight, Was (Perceision P.C.) Went to Performance P.C. Cost me about $6500.00 with signs documents cards customers, not to mention all the customers

sglawn
01-10-2005, 04:10 PM
soupy my logo is the SGL on my icon i use for this website. thanks for your help!

osc
01-10-2005, 04:54 PM
How about...Simple Green. Then you can get sued by someone with some real money.

Mo Green
01-10-2005, 05:45 PM
How about:

Super Green Lawncare
Supreme Green Lawncare
Strictly Green Lawncare
Summit Grounds and Landscape
Superior Grounds and Landscape

With something like one of these, you can keep your SGL logo.