Trademarks

Discussion in 'Lawn Mowing' started by SuperLawn, Apr 6, 2002.

  1. SuperLawn

    SuperLawn LawnSite Member
    Posts: 46

    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
     
  2. MuskTurfKing

    MuskTurfKing LawnSite Senior Member
    Posts: 338

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

    Hank
     
  3. yardboyltd

    yardboyltd LawnSite Senior Member
    Posts: 323

    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.
     
  4. rodfather

    rodfather LawnSite Fanatic
    Posts: 9,501

    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.
     
  5. greensummer

    greensummer LawnSite Member
    from canada
    Posts: 93

    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!;)
     
  6. khouse

    khouse LawnSite Bronze Member
    Posts: 1,465

    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.
     
  7. DaveK

    DaveK LawnSite Member
    Posts: 84

    US Patent and Trademark website

    BTW, there is no SUPELAWN trademarked.

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

    Runner LawnSite Fanatic
    Posts: 13,494

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

    DaveK LawnSite Member
    Posts: 84

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

    Here is the logo that was trademarked.
    [​IMG]
     
  10. Fantasy Lawns

    Fantasy Lawns LawnSite Bronze Member
    Posts: 1,913

    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
     

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