Asked in Trademark

Q: Can I name a my business with a trademarked name in it? For example “Taste the Rainbow Smoothies”

Related Topics:
1 Lawyer Answer
Karima Gulick
Karima Gulick
  • Trademarks Lawyer
  • Irvine, CA

A: if the trademarked mark is in the same class (goods/services) or related class, then you should stay clear from that mark. That being said, there are a few factors that the USPTO and courts consider when deciding whether there is likelihood of confusion with another mark.

If you're just starting, pick a mark that is not used by anyone else so you can grow it into a solid protectable brand. A trademark attorney can help you do a proper clearance search and guide you with the next steps.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.