Q: I have a trademark question, regarding legality around opening a new business and whether it infringes on another?
Suppose I want to open a new hair salon service with the business name 'American Haircut Club' but another company doing a similar service is operating in the same state as me with the name 'Haircut Club'. Does the fact that my name is a little different since it has the word 'American' in front and that fact that it doesnt show up in the state data base as being used by any one also with no one claiming an online domain name. Am I okay in launching my hair salon service with that name, my logo/font style/color patterns on logo will also be different but we will be operating in the same state?? What I am trying to ask is, even thought he services are the same does the fact that my name is american haircut club and theirs is haircut club make it distinguishable enough, I have different prices also. Please help thanks!
A: The standard is whether there would be confusion about which company is which. Does not sound like an issue here.
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A: Firstly, you will need to apply for a New York Natural Hair Styling license. Secondly, if you plan to setup your business as a LLC, partnership or corporation, the New York Division of Corporations may reject your proposed business name if it is not "distinguishable" from existing names on file. You should not have a problem if 'American Haircut Club' is not on file. Thirdly, just because 'American Haircut Club' is not on file and you can incorporate or organize your company using the name 'Haircut Club' does not mean you may use the name. 'American Haircut Club' may own the trademark, giving them exclusive right to use the name for hair salon service within New York. Under U.S. law, trademark rights are obtained through actual use of a mark in commerce, i.e., being the first to use the mark on or in connection with specific goods and/or services in the marketplace. Use in commerce requires a bone fide use of the mark in the ordinary course of business. Where the mark is a service mark, use in commerce requires that the mark be used or displayed in the sale or advertising of services, and that the services actually be rendered. You should contact an intellectual property attorney to help you review your specific situation and advise you.
Will Blackton agrees with this answer
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