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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (702) 463-4900
- View Profile
- Answered
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
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.
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.
