QUESTION
If I want to use a name for my business, but it has already been taken, do I have recourse?
Asked on Nov 14th, 2013 on Patents - Massachusetts
More details to this question:
I want to name my startup "The Panther Brewing Company". That name has already been used. However, the original Panther Brewing Company is shut down and they sold all their equipment. The now defunct Panther Brewing Company is in a different state.
2 ANSWERS
As long as you avoid any customer confusion about whether your company is related to the previous company, you should be okay. However, check to make sure you don't violate any trade/service marks or trade names that are still in existence.
Answered on Nov 15th, 2013 at 9:41 PM
Appellate Litigation Attorney serving Boston, MA
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Business names are obtained through the Corporations Division of the Secretary of State's Office in your local state. You apply for a name and they tell you if it is available. The Panther Brewing Company of Massachusetts went "officially" out of business in 2012. Two U.S. trademark registrations for Panther Brewing Company expired in 2010.
Answered on Nov 15th, 2013 at 9:36 PM