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.
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A:
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
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