San Diego, CA asked in Trademark for California

Q: Hi, Can I use the words 'Muck boots' in a business name? For example - Women Muck Boots

Related Topics:
2 Lawyer Answers
Robert P. Cogan
PREMIUM
Robert P. Cogan pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Trademarks Lawyer
  • San Diego, CA
  • Licensed in California

A: The general criterion for deciding if a name should be used is whether the use will cause a likelihood of confusion in the marketplace as to the source of the goods. The conflicting mark need not be the same as the new mark. A search would have to be done and an attorney would have to interpret the effect of any prior marks based on the statute, court decisions, and other factors.

Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: as indicated it will depend if somebody has it registered or using it.

it will depend on the type of use and that it complies with the rules for registering a trademark

best luck

www.legalbizglobal.com

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.