Discussion:
My question is about trademark and service-mark infringement


I was looking into using a name for my service business that was being used by a magazine company. The answer does not look good for using the same name unless......
I read some information about Service-marks that receive the same legal protection as trademarks but are meant to distinguish services rather than products. This company has a trademark on their magazine and written material(products)and I do not see any reference to a service-mark. Their listing under type of mark is just for a trademark and not a service mark. I would be using this name for a service business - would this be a way of being able to use the name if I register it as a service mark?
If that is a possibility then I would still have written material (menu) which would list my services - would that infringe on their trademark?
Answer:
If a company already holds a registered trademark/tradename, then you are barred from using the same name. any use by you would constitute infringement.
For example if my name HomeGuru was a registered tradename, you could not use the same name in your business as a service mark. Evenif you register the name as a service mark I could still sue your dusk and dawn for infringement.