La Grange, IL asked in Business Formation, Business Law, International Law and Trademark for Illinois

Q: Starting a business. Company in Thailand is already using same name in a related field. Can I use the name or no?

Looking to start a business. Initial research indicated that the name selected was unused. Bought domain. Further research uncovered a company in Thailand using the same name in virtually the same field. Overlap in business/target market unlike as they're in Thailand and I'm in US but not impossible because technically the work I do can be done remotely for clients anywhere. Can I use the name or am I going to get sued down the road?

1 Lawyer Answer
Glenn B. Manishin
Glenn B. Manishin
Answered

A: Trademarks and trade names are jurisdiction-specific. If the name is not used or registered in the US, you are free to use it here...but of course no in Thailand.

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