Hello. I was approached by someone asking me to change my ministry's name because it is similar to hers. Actually they are different, her mi...

Question

Hello. I was approached by someone asking me to change my ministry's name because it is similar to hers. Actually they are different, her ministry operates out of WA, mine out of NJ. I had no knowledge of the existence of hers when my ministry was birthed. Hers and mine are two different causes too. Hers was incorporated in 1988. Mine is under the umbrella of my ministry which I incorporated in 1997. Mine is Healing Heart Ministry (a ministry of Christ Kingdom Ministries, Inc). Hers is Healing Hearts Ministries International, Inc. Both are non-profit orgs. What are my legal rights? Thank you.

Answer

This is a trademark issue at the end of the day. I would have more questions than answers, but if she has a federal registration that predates your use of the mark in your geographic market area, then it is possible that she can exercise her rights over yours. But if, for example, she has no federal registration and had no presence in your market area before you began using the name, then your common law right to the name defeats her right at least as it pertains to NJ.

I would discuss the details with a lawyer in private before saying anything further or taking any action.

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

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

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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.

Answer

I second what my colleague noted. In addition, even if she has Federal trademark registration but your use of the mark predates her use, then, generally speaking, you could continue with the use of the mark in the same manner.

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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