Q: The name that I'm changing my business to someone has that name on Instagram however they sell on Etsy
I was going to register as an LLC and trademark because it's not found in Ga can I do that?
It's important to remember that the registration of an LLC or other business entity name with your state naming authority is a totally different process than Federal trademark registration with the US Patent and Trademark Office (USPTO).
A name may be "free" within the state of Georgia for your LLC's use--but that doesn't mean it's going to be a registrable trademark for you at the Federal level.
A person or entity has, under US law, the right to exclusive use of a name as a trademark if they have been using it in interstate commerce longest. To formally register that name as a trademark, an application must be filed with the USPTO seeking that registration.
If a company has been using a name longer than you have but has not filed a trademark registration application, you might be able to register yours with the USPTO first--but it will be a very weak mark, subject to cancellation by the older-using company once your registration comes to their attention.
Long story short, if you are re-branding, you want to avoid using a name that someone else is already using. Federal trademark registration is not "platform-specific" (Instagram vs. Etsy, etc.). It provides exclusive use of a name nationally, across all platforms.
Your best bet is to come up with a name that, as far as you can tell, no one else is using anywhere, on any platform, and then retain a trademark lawyer to run a professional clearance search of that name to ensure that this is actually the case.
If so, that trademark attorney will then be able to draft, file, and prosecute a competent and error-free trademark application with the USPTO for you.
Brandon M. Selinsky agrees with this answer
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