San Francisco, CA asked in Trademark and Intellectual Property for Ohio

Q: Trademark Question: Same name, different services provided, different logo design, am I allowed to use that name?

Based in Ohio, I wanted to use a "NAME" for my architectural services business. There is an active mark with the same "NAME" registered to someone in California providing Electrical messaging services. Am I allowed to use that "NAME" for my business, and/or file that "NAME" for a trademark for my services provided?

2 Lawyer Answers
Joseph Jaap
Joseph Jaap
  • Trademarks Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Trademark issues and analyzing the potential risk of an infringement lawsuit are too fact-specific to generalize. You could apply to the US Patent and Trademark Office to register your name for a determination if you can register it. But if you do that, the registrant in CA could learn of your application and oppose it, and even take action against you directly. Use the Find a Lawyer tab to retain a local intellectual property attorney who can review all the facts of the situation and advise you of the risks and your options.

James L. Arrasmith
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A: Using the same name for your architectural services business may be possible, even if there is an active trademark with the same name in California for electrical messaging services. However, it is important to conduct a thorough trademark search and consult with a trademark attorney to assess potential conflicts and determine the availability of the name for your specific services. Filing a trademark application for the name may be an option, but professional legal advice is recommended for a comprehensive analysis of your situation.

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