Q: Opening a new company and then a business. Have a Trademark Question on whether company n business name hav to be same?
1) In order to trademark a business that I want to start does the corporation name HAVE to be the same? EG I have come up with a catchy name XYZ for my new venture and would have multiple locations and franchises, is it necessary/would I have to have my corporation name the same XYZ INC as my business name XYZ or my corporation name could be anything ABC INC and the business name XYZ which i want to protect is the one that matters and has to be trademarked?
So the trademark covers my company or the business name that I will use, supposed I form 2 different companies with different names but both will be running the same business and DBAs as multiple locations and services of the XYZ brand, is that ok if I have trademarked XYZ and registered it, or both my company names should also have XYZ INC something written in them?
2) When I search the name in the database and it shows up as dead/abandoned since last year, then can i file a trademark for that name and is it good to us
A: It would be better to have the name of the corporation the same as the trademark for the business like McDonalds. If you have multiple locations the manner of structuring the different units will depend on the nature of the locations, e.g. franchises or second locations operated by the same company or the parent of a subsidiary. At this stage you need to speak with an attorney. There is a limit to what can be provided with any real accuracy in a forum like this. My firm has a NY office and if you want to call me without obligation, feel free to do so.
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A:
1. You can incorporate under one name, but can actually do business under an assumed name. That assumed name can be a trademark or service mark, as well.
2. Because the U.S. recognizes common law trademark rights based on actual use in commerce (registration does not create the right to use a particular mark), even though a registration may be dead or abandoned, that does not necessarily mean that the company is not still in business and using that particular mark.
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A: Your business name doesn't have to be the same name as the product or service you are getting a trademark for.
A: Technically no… However, I would advise a client in this situation to either use the same name or create a DBA for the company with the business's name on the DBA
A:
You can have one name for your corporation and another for the business name. The trademark may be abandoned, but you may still face a challenge from the registrant.
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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