Legal Name Question

[redghost]

Hey everyone,

I know this is not a political question, but please help me out. I have a question regarding names if someone could help me out answering. First of all, let’s say I made an online web cartoon, and called it Bob adventures.

I then decide to make t-shirt merchandise for this cartoon with an image of Bob on it. So I register my business name call Bob merchandise. I then print t-shirts with an image of my cartoon Bob and beside him text saying: Bob clothing.

After that I find out that there's small clothing company called Bob clothing that also makes t-shirt but different style of t-shirts. Would there be a legal issue even though my register business name is Bob merchandise and there's is Bob clothing, but I printed on my t-shirt Bob clothing but with my own cartoon image and different style?

so basically what i'm trying to do is to have the label salem clothing but under a different company name.

[Riverwind]

After that I find out that there's small clothing company called Bob clothing that also makes t-shirt but different style of t-shirts.  Would there be a legal issue even though my register business name is Bob merchandise and there's is Bob clothing, but I printed on my t-shirt Bob clothing but with my own cartoon image and different style?

I believe it depends on who has the tradmark on the term 'Bob Clothing'.

Here is a link with more info:

http://strategis.ic.gc.ca/sc_mrksv/cipo/tm/tm_main-e.html

[redghost]

Thanks, i've checked through the database and they have not had that name registered as a trademark, am i fine?

[Riverwind]

Thanks, i've checked through the database and they have not had that name registered as a trademark, am i fine?

This is from a trademark FAQ in the US (laws are similar in Canada).

4. How are trademark rights acquired?

Trademark rights are not acquired through the registration process. Common law ownership rights are acquired through actual use of the mark in commerce. Generally, the first person to use a trademark is the first person to acquire rights to the mark.