Asked in Trademark for California

Q: Can I use a trademarked name?

I want to name my new fashion line and store, but the name has been used in the past for a tv show and I believe was trademarked for it. However there's also a hotel using the name. Am I legally allowed to use the name?

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1 Lawyer Answer

A: No, that's the point of a person/entity going through the process of trademarking a name. The hotel you saw may have gotten the trademark owner's permission to use the name and is possibly paying a licensing fee for that. You would have to look up the trademark now at the Patent and Trademark Office website (pto.gov) to see if the name is indeed trademarked now and who owns it.

You can try contacting the trademark owner and asking for a license, or you can make up a new name for your fashion line and store.

Hope that helps.

Andy

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