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  1. #1

    Question Business Names and Trademark Infringement

    I started my Virtual Assistant business in October of 2007. I have not registered the name in NYS as yet. I do have a website, vitalofficesolutions.com, and I have posted articles and press releases on the web. My company name is Vital Office Solutions.

    I was recently contacted by email from a gentleman in ?Germany? who owns the US trademark "Vital-Office" which he uses for his office furniture business. He has a website vital-office.net.

    I checked the US patent office website and he is being truthful.

    My question is this:
    Does he have the legal right to ask me to change my name even though he only trademarked "Vital-Office" and my company is Vital Office Solutions?
    His trademark is dated 2001.

    TIA,
    Christina

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Business Names and Trademark Infringement

    That depends upon any number of things, including whether he has actually used the mark in commerce in the United States, if so possibly whether he operates in the same geographic market, whether you and he are in the same industry, and whether (regardless of his registration of the mark) you were using the mark first.

    His registered uses are:
    IC 020. US 002 013 022 025 032 050. G & S: FURNITURE, NAMELY OFFICE FURNITURE, OFFICE CHAIRS; MIRRORS; PICTURE FRAMES. FIRST USE: 20000601. FIRST USE IN COMMERCE: 20010803

    IC 035. US 100 101 102. G & S: BUSINESS CONSULTANCY, NAMELY, CONSULTANCY FOR BUSINESSES IN THE FIELD OF ROOM AND FURNITURE PLANNING USING FENG-SHUI TECHNIQUES. FIRST USE: 20000601. FIRST USE IN COMMERCE: 20010803

    IC 041. US 100 101 107. G & S: PLANNING, ORGANIZING, AND ARRANGING SEMINARS IN THE FIELD OF FENG-SHUI. FIRST USE: 20000902. FIRST USE IN COMMERCE: 20020311

    IC 042. US 100 101. G & S: Architectural design; Landscape gardening; Interior design; Architectural design of office buildings and rooms; Industrial design; Interior decorating consultation; Custom design of furniture for others. FIRST USE: 20000601. FIRST USE IN COMMERCE: 20010803
    What does he claim to be the conflict between any of that and your offering virtual administrative support?

  3. #3

    Default Re: Business Names and Trademark Infringement

    Form the info you show he has used the name in commerce since 2000.

    We are not in the same industry he sells office furniture and teaches people about feng shui in the office environment.
    I provide virtual administrative assistance to individuals and small businesses (like myself) in new york state.

    He did not detail his objections, just that he trademarked the name and I couldn't use it.

    I responded to his email asking for his specific concern and any legal references which pertain to it. I think he is incorrect in thinking he can make me give up the name.
    Granted I've only had it for a short time but I did a ton of research before choosing it and have busted my hump since to get it "out there".
    Hopefully he will contact his lawyer (as he mentioned) and find out that he has no basis.

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