Kansas City, KS asked in Business Formation, Business Law and Trademark for Missouri

Q: Hey I want to start a brand with a brand name Amélie. How can I tell if that name is already taken?

I’m starting a hair extension business but in the future I want multiple business under the brand name (ex. Fenty by Rihanna). I need advice on trademarking the name and llc.

2 Lawyer Answers

Ahaji Kirk Amos

  • Trademarks Lawyer
  • Raleigh, NC
  • Licensed in Missouri

A: I would recommend that you have a trademark attorney like myself conduct a trademark search for you.

Griffin Klema

  • Trademarks Lawyer
  • Tampa, FL

A: Trademark rights depend on use. You would need to search for similar federal (or state) registrations in the same class of goods or services and then analyze those registrations against your desired name and determine whether there is a likelihood of confusion under the DuPont factors. If that doesn't sound too daunting, you might be able to do your own clearance assessment. Otherwise investing a few hundred dollars getting a formal clearance opinion from a lawyer (which may include your own trademark application) is a wise investment as part of starting your new business.

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