Q: If I am looking to start a business, but the name is taken on facebook and instagram but inactive, can that be trouble?
I am trying to start a business but the name is taken on instagram and facebook, but the accounts have not posted in years, and has under 100 followers on instagram and just 2 on facebook, can that lead to trouble?
A: It's possible that you may have an issue with the name. I'd probably look at the US Trademark database (uspto.gov) to see if anyone has filed a trademark for the name. If not, I'd check the database for your state's secretary of state and any fictitious business name (i.e., "doing business as" or "dba") database in the state where you plan to do business to see if anything has been filed. I would also check to see if there is a website with the name. This does not guarantee you won't have issues, but if no one has filed any of these documents with respect to the name you are proposing to use, the chances of your having a problem with the name are probably less.
A: "Taken" is not the issue for trademark conflicts. There are many marks that are the same as others. However, they are generally in different categories and have minimal or no overlapping customer bases. A trademark attorney can assist you in determining the chances of your mark becoming a distinctive brand name.
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