The protection of your trade name depends on several factors. They include:
Whether there is any other organization that owns the federal trademark offering similar goods and/ or services?
Whether there is any state trademark registered with the secretary of the state (SOS) office offering similar goods and/or services?
Whether your common-law mark "Blue Nile Organics" is generic, descriptive in nature?
To resolve the above questions, you need to get a comprehensive trademark search report with the help of a trademark attorney. After reviewing the report, any trademark attorney can tell you whether your mark has a chance to get a federal trademark registration.
Disclaimer:
The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/trademark-attorney/
Answered on Dec 28th, 2019 at 5:30 PM