I am developing a business that will sell a common fashion accessory, mainly online, based out of California. My desired company name directly describes my main product. In addition to the main product, I am also planning to sell/include inspirational booklets, stickers, and artwork related to my brand under this company name.
I have been researching trademarking and copyrighting my desired company name but am still uncertain about how existing uses of the name may effect me in the future. I have about a day to decide whether or not I will keep this name.
I am considering hiring an attorney but in the meantime I thought I would share the evidence I've dug up here, any gut opinions, advice, or references would be appreciated!
Company name is listed as ABANDONED/DEAD Trademark on USPTO.gov My desired company name appears to be listed on USPTO.gov as a "Word Mark", *ABANDONED, Mark Drawing Code (4) Standard Character Mark, Filing Date: 2005, Published for Opposition 2006, Live/Dead Indicator: DEAD, Abandonment Date: 2008. *Goods and services are categorized as printed matter and paper goods...namely books in the field of personal growth/motivational personal development...decals, t-shirts...etc.
Same name registered as "Text" at cocatalog.loc.gov *Type of Work: Text, Created 2006, same person as trademark
Registered as EXPIRED Fictitious Name in person's state of residence *Filed in 2005, Expired 2010
Google search for person and name turns up blog It appears the person who tried to register this trademark is a teacher who uses the desired name of my company as a fictional character. This person was reported in academic news from 2006 as planning to create and publish a children's book about this character. *They also have an active blog which includes this name in the title but does not seem to describe or focus on this character in particularly. (although they seem to be providing the same message as the brand I'm developing*)
*2013 blog post they say they will never finish the novel they've been working on *2016 blog post refers to writing a children’s book, a novel, and researching other projects.. but that seeing any project through to the end has been difficult *No evidence of said publication or any other related goods or services provided by this person or under this name
It appears this person has neglected their protections on a project they may not ever finish. I feel like my product use is different enough to trademark under this name but I'm not certain if my intent to produce books/artwork would infringe on copyright.
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