Company Name Question

[wakeylad]

Hi:

I know that certain fragrance names are trademarked for use under Candles. However, let's say someone created a "Trash Can" candle fragrance but they sold numerous candles with different fragrances, would someone else be able to establish a company name such as "Trash Can Candles"?

Another example, you see the Cool Water Candle fragranced candles, all over the internet but would that stop some one creating a Cool Water Candle Company (btw, coolwatercandles.com is available - I just checked). In this example, let's say they were trying to create a candle for tranquility.

Another example, YC, last time I checked had a trademark on the Christmas Eve and Wedding Day scents. Would that stop someone creating a Christmas Eve or Wedding

Day Candle Company as long as they didn't use the scent names?

Thanks in advance for any input.

Neil

[CaftCandles]

When names are Trade Marked they have to include a list of inclusions and exclusions of what that name will be used for. For example if you TM the name "Trash Can" as a Fragrance name then in your inclusion list would state things like (Fragranced Candles or wax cubes, melts etc. or scented candles, scented wax products in general, etc.). If I was making another type of product like candy for instance, I could use and TM the name "Trash Can" as a flavor without infringing on your TM. Someone could also name their company the same if it is not TM'ed as a company name.

To summarize, if you are applying for a Trade Mark then you need to include everything that may apply to your products and accessories to prevent someone else from using them. Also note that just because a name is TM'ed doesn't mean you cannot use it, it only means that you have to give full credit to the TM owner and a disclaimer (Type) on your part that it is only an interpretation of said owners product and it must be clearly located on the main product label, another way would be to get written permission from the owner to use the name. Using a Patent or Trade Mark Attourney is always worth the money because there are always some grey areas and they are always up to date on the do's and dont's of how to apply for a Trade Mark and they will do all of the reasearch necessary to better protect your name and prevent you from being sued in the future. HTH

[eugenia]

When you create a company, you have to register it with your state. That name must be unique within the state you register.

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[Candybee]

You sell yourself short by using a name for your company that is too similar to a well know label or product. Create your own unique company name and branding. You'll go a lot farther. I wouldn't even consider it.

[funkymonkey66]

Ditto. If you have to ask if it's too similar or are concerned you could be sued because it is , then you already have your answer. Respect their efforts and unique branding and hopefully people will respect yours.