QUESTION
What are my rights in terms of naming my business if a similar name already exists?
Asked on Apr 17th, 2012 on Intellectual Property - California
More details to this question:
I''m starting a new business and the name I''ve chosen is very similar to another business'' name. This other business is in a completely different market from mine. If I''m able to register this name will I be in the clear? Or is it still possible that this other business can take legal action against me for having too similar of a name? If this happens could I simply modify the existing name, like adding "Co." at the end?
1 ANSWER
Reviews not shown
1 Award
The law of trademark applies, among other things, to business names. As a general matter, the test of whether your name will be infringing is whether an appreciable number of ordinary consumers of the other company's goods or services will be confused into believing that your services originate or are sponsored by them. This is an intensely fact-based determination. Accordingly, it is impossible to give a categorical answer to your question from the limited facts posted. You should consult with an attorney before deciding how to name your business.
Answered on Apr 17th, 2012 at 9:07 AM