Question regarding business names and trade marks?

Question

Ill use fake names to protect privacy...  I run a sole proprietorship dba "Central Mass Carpet Cleaners" out of Massachusetts.  I received an email from someone from out of state threatening me to change my business name because they have trade marked "Carpet Cleaners". 

Do I have to do anything?  Our business names​ have two common words, but they are not the same.  On top​ of that we are operating in different states.  Also, he is an Inc. and I am a sole proprietorship.

Hope to hear from somebody​ asap.

Thank you

Answer

"Generic" terms are used to refer to the product or service itself and cannot be used as trademarks. So the words "carpet cleaners" can't be trademarked, but the actual business name can be, so as long as you don't use their exact business name you should have no issues. 
That's why businesses like "Apple" are not trademarked, it's the same name as a fruit and therefore is not special or specific. Anyone can name their business Apple, if they really wanted to. (A specific logo that goes with the business could be trademarked though).

Question regarding business names and trade marks?

Answers (1)