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DHey everyone,
Location: India
I’m building a global blog focused on love, dating, and relationship advice. I recently bought a domain name, let’s say it’s “MoonScribes.com”, and I plan to brand everything under this name. It’ll be a written-content-only blog. No music, no entertainment, just articles, advice columns, maybe a newsletter later.
So,
A music artist (like a small record label or band) in one country owns the trademark lets say “MoonScribe” (singular) under Class 41, but only registered in one country only. That class covers entertainment, which includes both music and educational services.
While our names are similar (mine is plural, theirs is singular), and technically we’re both under Class 41 when Iater trademark the name, the actual services are very different. They’re doing music, I’m doing written content/blogging. Also, I’m targeting a global audience, not just their country.
I’ve already bought the domain and started branding. I don’t want to run into legal issues months down the line.
So I’m wondering:
* Is it safe to use this name globally if I’m offering a different kind of service?
* Can two businesses have similar names in the same class as long as there’s no confusion in what they do?
* Should I still try to trademark my brand in other countries using something like the Madrid System?Any advice from people who’ve dealt with trademarks or naming conflicts would be awesome. Thanks!
TLDR: I bought a domain with a name similar to an existing trademark that’s registered in one country under Class 41. We’re in the same class but offer completely different services. I’m planning to go global, wondering if this could still lead to trademark issues.
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UNAL.
Are you planning to apply for trademark at USPTO?
If it is the same class and the other guy is definitely having this from earlier, then you will be at a disadvantage always. Even if you get approval you will always be at a danger.One thing to remember is that the US legal system is very predatorial. It need not be the original owner to file a lawsuit. There are law firms who specialize in this , they seek out potential infringements and gray areas and file on behalf of the first guy promising them a cut of whatever they get from you and the first guy will agree as they have nothing to lose.
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SPune based lawyer here.
– Trademark is a territorial right. You can register and use your trademark globally except Spain in your case as most likely you’ll run into legal issues. Although the services are different, both of you are dealing with content creation. Yours is literary work, your rival – musical so chances of confusion are high.
– Registering under Madrid protocol is a lot convenient. Plus you don’t need to register your trademark in all the Madrid protocol member countries. You can choose which country you want to send an application to.
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