Hephzibah, GA asked in Trademark for Georgia

Q: Can I trademark/ use this name?

I have registered a business name this year of 2020. however after checking the USPTO site a company in Rhode Island uses the word Borvani in their business name "House of Borvani". It went dead in 1982. I sale cosmetic and beauty they sale jewelry. from my understanding common law only protects them for their state. I am not sure about national.

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1 Lawyer Answer
Timothy John Billick
Timothy John Billick
  • Trademarks Lawyer
  • Seattle, WA

A: This is a complicated question and you should reach out to a trademark attorney to give you a full and complete response.

The short answer is that it depends on how "House of Borvani" is being used. It's possible it's limited to only one state, but common law trademark rights can attach nationally if that's how it's being used. Certainly a "dead" or abandoned trademark is good evidence that the mark is not being used nationally, but that doesn't end the analysis. Your risk of infringement is low here, but you should consult a trademark attorney and provide more details. I would be happy to help, so feel free to reach out any time!


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