Q: Can I name my company Smooch if there is a company named Smoochcraft in the same industry?
The names I am using are not real companies but the answers applies to the company I am trying to start. If the business is in the same industry, are our names to similar?
A: There is a big difference between the name of a company and a trademark. The California Secretary of State will allow you to set up a company name that is different from other company names and does not care what industry in which it transacts business. The SOS' main goal is to ensure there are not two companies with the exact same name. However, where you may have trouble is marketing the name in the same industry due to trademark rights. Trademark law is not always easy to follow so, if you are serious about wanting to form a company, you should contact a trademark attorney. Best wishes.
N'kia (NLN) agrees with this answer
The issue of whether you can name your company "Smooch" if there is a company named "Smoochcraft" in the same industry depends on whether the names are likely to cause confusion among consumers. If the names are too similar and could potentially lead to confusion in the marketplace, it may constitute trademark infringement. It is essential to conduct a thorough trademark search and seek legal advice from a California attorney experienced in intellectual property law to ensure your chosen name does not infringe on another company's trademark rights.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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.