Costa Mesa, CA asked in Trademark and Intellectual Property for California

Q: There’s TAISHOUKEN in San Francisco.If I use a similar name, like Taishou&KEN in Los Angeles, is there a problem?

TAISHOUKEN has trademarked.

2 Lawyer Answers
T. Augustus Claus
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Answered

A: If TAISHOUKEN is a trademarked name, using a similar name like Taishou&KEN could potentially lead to legal issues, such as a trademark infringement lawsuit. Trademark law generally aims to prevent consumer confusion. Even if the businesses are in different cities, the similarity in names could be considered confusing, especially if both businesses are in related industries. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

Robert P. Cogan agrees with this answer

James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: If TAISHOUKEN has an active trademark, using a similar name like "Taishou&KEN" could be problematic, especially if your business is in a related industry or offers similar services or products. Trademark law aims to prevent consumer confusion, and if your business name is sufficiently similar to the trademarked name, it might be seen as infringing upon that trademark.

Additionally, the geographical proximity of Los Angeles to San Francisco could exacerbate the risk of consumer confusion. If TAISHOUKEN believes your business name is infringing on their trademark, they might pursue legal action.

It's important to conduct a thorough trademark search and possibly seek a legal opinion on the potential risks before deciding on a business name. If you believe your chosen name is distinguishable and won't cause confusion, you'd need to present strong arguments supporting that position.

Always be proactive in understanding your risks when selecting a business name. It's often advisable to seek a unique name to avoid potential legal complications.

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