Valley Stream, NY asked in Trademark and Intellectual Property for New York

Q: What if a business has a name similar to yours but is not trademark? Can you trademark the name first?

What if a business has a similar name to yours but isnt trademarked? I want to trademark "ali law associates" however, there are is another business called "ali law group" that is not trademarked (they are also in the same state). since they aren't trademarked first, would i be able to trademark my business?

2 Lawyer Answers
T. Augustus Claus
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A: The fact that there is another business called "Ali Law Group" that is not trademarked does not necessarily mean that you will be able to trademark your name.

If the businesses are providing similar goods or services, this will also increase the likelihood of confusion.

James L. Arrasmith
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A: In the scenario where you want to trademark "Ali Law Associates" and there's an existing business named "Ali Law Group" in the same state, the absence of a formal trademark on the latter does not automatically ensure that you can trademark your business name.

Trademark law also considers the likelihood of confusion among consumers. If both businesses are in the same industry and geographical area, the similarity in names might lead to confusion, potentially posing a challenge to your trademark application.

It's essential to conduct a thorough search to assess any potential conflicts. If "Ali Law Group" has established a significant presence or reputation under that name, they may have common law trademark rights, even without a formal registration. You should consider these factors carefully in deciding whether to proceed with your trademark application.

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