Using a Name that Another Company Created

Posted by Michael Shimokaji | Jul 29, 2014 | 0 Comments

Question: Can I use a name that another company made up and they are in a different industry?

I was thinking of a name for my new company I am looking to incorporate. I combined the words and i liked it! I Googled the name and found that there was a company that used that name and was bought by a big company and it seems they are no longer using that name. They are in a 100% completely different industry. Even if they were using that name, can i still use it?

Answer: While being in a different industry works in your favor in terms of using the same mark, it is not a definitive factor. Also, the other name might be considered a famous mark, which would have protection outside its own industry. 

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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