how to protect biz name?

[glassdoctor]

Do you think I have any legal ground to stand on to keep the name I have been using if a big dog comes to town with the same or similar name?

I never filed any papers other than a state tax i.d. form that I recall. I have never advertised or listed in yellow pages, or tried to copyrite or register my biz. name.... never knew how or if I should. All I have is the state sales tax #, which is all that was required back when I started in WSR. I used "The Glass Doctor" as my name of business.

In the past couple years, I have dropped the "the" from my invoices, biz cards, shirts, etc. I have been going by "GLASS DOCTOR" for some time now.

Well, there is a big company out there by the name Glass Doctor. They have never had a shop in my state, or anywhere near for that matter. But that is about to change, becasue they bought out Harmon Auto Glass, which has local shops.

Where do you think this leaves me?

I have been working on getting really nice signage on my van, and lots of custom printed and embroidered shirts, jackets, etc.... Should I just stop now and come up with a new biz identity?

I should have looked into this a long time ago, but nevered figured it would actually be an issue. Any opinions are welcome... almost.

[Repair1]

Glass Doctor

I would change it ASAP!! You don't stand a chance with that one, I know a guy here that had the same name for over 10 years it was even registered with the state the problem you have is a REGESTERED TRADEMARK. Don

[desertstars]

Jeez, Brian. I think you're correct and a lot of that is connected with legal costs.

Glass Doctor as a supplier has been around for quite a few years.

Didn't they recently take over Harmon Glass?

If I were glassdoctor I would have continued using the name until he mentioned investing in shirts, logo's etc.

Hey, glassdoctor.

Depending on how long you've been operating under that name, be careful about how much you invest in promoting it today and tomorrow.

How long you've used it is part of the key and how actively they begin to be a threat to your business is another indication as to how soon you should re-establish your identity.

Unfortunately, Brian is probably as accurate within his short post as I have been within this longer post assuming the unknown length of time you've been known as "glassdoctor".

On the other hand and in a more positive note, simple variations could protect you in the future.

Kind of like Michaelsoft as opposed to Microsoft or MikeRosoff.com.

Just a suggestion.

[glassdoctor]

I have been in biz for 12 years as The Glass Doctor. I don't know how important the "the" is. Some time back I got tired of the "the", and it was often ignored anyway.

I have been using Glass Doctor as my identity the last few years, even though I file taxes as The Glass Doctor.

[glassdoctor]

So, if I just establish a new name right now, how do I make sure this doesn't happen again? Any advice?

[Repair1]

Glass Doctor

I promise you don't want to try to fight it unless you

[Repair1]

I have been doing a lot of research latley about trademarks and names just call your local state goverment office they will direct you.

Brian

[glassdoctor]

Thanks for the advice... I believe you that I would have no chance fighting it. My market is about 500,000 max. What I need to know is just how different does a name have to be, and why it's legal for a company to move into a new market and step on anyone that already goes by the same name? $$$$=the law?

Why do ask about Safelite? Do they have some connection to Glass Doctor or Harmon? BTW, there is a "nice" Harmon shop right across the street from a couple dealerships I service. I will make me sick if I have to see it become "Glass Doctor".

At least I found out about Harmon-Glass Doctor now, and not just drive by one day and there it is. Maybe I have quite a while before they switch.

I don't advertise, and I do almost entirely dealer accounts, so I can make a change without really skipping a beat. But I will have the hassle of getting 30 some accounts to update their systems for me. I have been wearing nice screenprinted shirts for the past year and finally got people to know me by more than "the windshield guy". I will have to retrain them now.


And, I just settled on a new logo design and have a few shirts, new cards, invoices already in use. I am glad I have not had my van plastered with vinyl yet.

How about a name that biz contest?

[optic-kleer]

Many years ago, I traded as SCREEN DOCTOR. That doesnt sound too different from what you trade as know. I would switch names now. Let all of your customers know and use the change to your advantage. The publicity you should generate from it should far outweigh the negative aspects.

[CPR]

I know here in Florida if you incorperate, whatever name you use belongs to you and no one else can use it. Check with your state laws, You may wind up with GLASS DOCTOR INC. But if they will use a simular name you will want to change yours, you dont want your customers getting confused.