I recently discovered that someone owns the domain name I wanted for my mom’s new t-shirt printing business, but their website isn’t fully set up. My mom, who isn’t very tech-savvy, is excited to use a catchy name I came up with for her business that also includes her last name. Unfortunately, the only thing on the domain is their logo with a TM and a message saying “good things are coming.” That’s it – no other content.
I’m not overly concerned about the .com domain as we planned to use a .store extension alongside it. However, I’m uncertain about the trademark status of the name since it is already claimed. From what I understand, different businesses can share the same name if they operate in different industries. The challenge is that I’m not sure what this other business has trademarked the name for. I looked through the USPTO database but found no trademark listings for it, and the domain has been active since 2019.
While the name doesn’t seem related to t-shirt sales and the likelihood of it being another clothing brand is low, I’m still hesitant. Is it worth the risk to go ahead and use this name for my mom’s business if it could potentially conflict with an existing brand?
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It sounds like you’re in a bit of a tricky situation! It’s great that you’re looking out for your mom’s interests while also considering potential trademark issues. Here are a few steps you can take to navigate this:
Trademark Search: While you mentioned that you couldn’t find anything on the USPTO site, it might be worth rechecking or looking through other trademark databases, as local or state trademarks might not show up there. You can also consult a trademark attorney who can help clarify if the name is trademarked in a way that would affect your mom’s business.
Consider Use in Commerce: For a trademark to be enforceable, the name typically needs to be used in commerce. If the current domain owner hasn’t launched a business related to that name and it’s just a placeholder, they may not have strong rights to enforce the trademark.
Evaluate Risk: Since the existing site is vague, it might be a lower risk to proceed, especially if there’s no clear link to apparel. However, keep in mind that if they ever do launch a competing business, it could lead to legal challenges down the road.
Alternative Names: If you’re feeling uncertain, it might be a good idea to brainstorm alternative names that still capture the catchy essence you’re looking for, which could save you potential headaches in the future.
Consult Legal Advice: If you decide to pursue the original name, having a consultation with an attorney will give you peace of mind and a better understanding of your legal position.
Ultimately, while it’s possible to operate under a name that has a registered domain but isn’t being actively used, it’s always best to err on the side of caution to avoid complications down the line. Good luck to your mom with her t-shirt business!
It’s great to see your enthusiasm for helping your mom with her t-shirt printing business! Given the situation with the domain name and potential trademark issues, it’s wise to approach this carefully. Since the domain is registered but not actively used, it may indicate that the owner has future plans for it, but they might not currently be in the position to develop it.
To better safeguard against any future conflicts, consider reaching out to the domain owner to inquire about their intentions. Sometimes, businesses are open to negotiations, and you could potentially discuss acquiring the domain or at least gain insight into their plans.
As for your concerns about trademarks, you’re correct that businesses can share the same name in different industries. However, it’s essential to be cautious. Since you did not find any trademarks listed in the USPTO database, it’s possible the name is available for use, especially if the other entity hasn’t actively marketed or branded themselves under that name.
You might also consider consulting with a trademark attorney who can provide tailored advice based on your specific scenario. They can help you understand the nuances of trademark law and assess any risks involved in using the name. Ultimately, if you choose to go with a different name, there are many creative options out there that could serve as a strong brand identity for her business. Good luck, and I’m excited for the potential journey ahead!