San Jose, CA asked in Business Formation and Business Law for California

Q: I have used a particular set of words in academia and I am interested in using this as a business title.

It seems that another business entity has trademarked the words I intend on using. How should I proceed?

1 Lawyer Answer
Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

A: Impossible to answer the question unless we know what the words are. If you want to use your words in a title to your business, you need to first clear them with the Office of the Secretary of State. They process name searches for most incorporated businesses. It is also possible to hold a business title for up to 3 months by paying a fee to the State for that service. You can then renew it a day after the 3 months is up. Your competitor may have only reserved the name. If he or she has already trademarked your words, you would be wise to change them around somewhat. No fun getting into a lawsuit over the title to a work. Good Luck.

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