Q: Is there any legal recourse for naming my business the same name as the food we sell? No other words or descriptions?
Example: naming a store Cheese Burgers, or Zombies (we sell Cheese Zombies), or cookies, or salads etc.
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- California
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A:
You generally have the right to name your business after the product you sell, such as “Cheese Burgers” or “Cookies.” However, there are important considerations. First, you must ensure that the name is not already trademarked or used by another business in your industry. If another company holds a trademark for that name, you could face legal challenges.
Additionally, generic or descriptive business names may have limited trademark protection. For example, naming a cookie business simply “Cookies” might make it harder to protect that name legally if another business uses something similar. Descriptive names are considered weak trademarks and are difficult to enforce.
You may want to do a thorough search for existing trademarks and businesses with similar names to avoid potential conflicts. Additionally, using just the product name could limit your ability to differentiate your brand in the future, so consider whether that is the best long-term strategy.
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