Q: Can my LLC have the same name as a trademarked name? It is in an entirely different industry and geographical location
There are a lot of variables here that you have not provided, so understand that this answer is making some general comments that may not apply to your exact circumstance. So, in basic terms, multiple businesses can use the exact same name/trademark without conflict so long as there is not a "reasonable likelihood of confusion" created for the relevant consumers. Hence, Delta Airlines and Delta Faucets happily coexist in the market, because nobody gets confused into thinking the faucet company is now flying airplanes and vice versa. There are plenty of times when this isn't true, however. Sometimes, even if the actual products or services are different, they might be in similar sectors that might lead to confusion. Alternatively, if a company has an extreme amount of market recognition of its name (called "secondary meaning"), they will likely enjoy much broader protection across more types of products and services. For example, even if you were going to sell tires, if you called your company "McDonalds" there might actually be consumers who stop and think, "gosh, McDonalds is selling tires now?"
As for geographical locations, understand that a trademark registered nationally (with the USPTO) constructively covers the entire US for its geographical area. It is only with marks used only on a local level that the geographic location plays a role.
NOTE: Because every legal matter is different, and cannot be addressed in the generalized content of a web site, you should not rely upon the information provided herein as legal advice, nor should you construe anything herein to be an offer to represent you. Legal advice can only come from a qualified attorney after having had an opportunity to become familiar with all of the specific facts and circumstances of a particular legal matter, and to apply or research the relevant law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.