advice I unknowingly reg'd a name that's similar to another company - Should I approach them?

[domsaller]

I'm familiar with not being able to register trademarked names and selling to the trademarked company. This company doesn't have a trademark and it seems like a very generic term.

e.g. their domain: thekitchenguys.com
my domain: kitchenguys.com

What should I do with something like this?

 

[namelancer]

The question that needs to be asked is if, hypothetically speaking, you were to trademark your name, would your request be approved or would your name be found to be confusingly similar to an already existing trademark ?

 

[Kate]

This company doesn't have a trademark and it seems like a very generic term.

e.g. their domain: thekitchenguys.com

I am not sure that name really is generic. Just because it is made up of generic keywords, doesn't mean it's not TM. And even generic keywords can be TMs in a certain context, think Apple, Orange, etc.
Also, they may not have a registered trademark, but they can still enjoy trademark rights through usage.

What should I do with something like this?

That begs the question: why did you register this name in the first place ? if it is to sell it to that company, and they are the only 'obvious' end user, you have answered your own question.

 

[BrandPlease]

Check to see if it appears to have a TM - trademark247.com is helpful. If not, it’s a nice upgrade for them. IMO. If you want to approach them do so positively and describe the benefit. If they are interested great - careful to avoid “unappealing” approaches. = negatives of not buying, etc.. There are many similar names out there - TMs should always be checked.

 

[BrandPlease]

To give you a related story. I recently got a great name , didn’t take my own advice and after to fact realized the TM. So I reached out to the company, introduced myself, let them know what I bought and found in my TM research and realized they have the name protected.
Offred to transfer to them, free, but asked they consider reimbursing my out of pocket cost - but not expected as they did not ask me to get it.
Well, they did and now have a great referral and got way more than the cost of that mistake back in goodwill/reputation building marketing.
So not a loss in the long run