Legal Question in Business Law in New York

I want to manufacture a supplement. The name I want to use is being used by another company how do I find out if the name is copyrighted?

Asked on 11/04/13, 3:29 pm

1 Answer from Attorneys

Frank Natoli Natoli-Lapin, LLC
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You are speaking about trademark here, not copyright.

Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. See the link below for a detailed explanation of the due diligence process:

http://www.lanternlegal.com/trademark_due_diligence.php

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 11/06/13, 7:42 am

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