Branding your baits

[kipbass]

This "?" is for anyone with a bait company. I wanted to create a brand name for my baits, but there is already a company out there who's brand has "one" word similar to what I wanted to use. Is there any legal liability to use a name that has the same word in the brand? I would hope not. Just look at how many small end mechanics out there named "Rick's Auto", or "Mike's Repairs" etc...Anyway, any suggestions would be appreciated.

[knifemaker3]

If it's trademarked or copyrighted you won't be able to use it.  Otherwise you can.

[andrewlamberson]

I manage the Intellectual Property for a high tech plastic company...so I know a bit about trademarks and "branding" (actually two different things).

If the name you want..."would cause confusion in the marketplace"...and it's obviously in the same trade class...then it would be inadvisable to utilize the name.

PM me your name and the trademarked name ....and I'll give you a better opinion. If you want to try and trademark the name, I would strongly suggest you consult a Trademark Attorney (I could recommend a reasonable cost one to you).- Andy