Q: Can I trademark a name if another company uses it as a DBA in Florida in a different field?
In Florida, I discovered another business using the same name as my corporation but registered as a DBA. Their DBA was registered two years before I formed my corporation. They are involved in cheerleading, while my business is involved in other sports. I have conducted a broader trademark search, and they have not registered the trademark at either the state or federal level. Am I still able to proceed with trademarking the name?
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A:
You might be able to trademark this name despite the existing DBA in Florida. Trademark protection generally depends on the likelihood of confusion between businesses, and since your corporation operates in different sports than the cheerleading business, this works in your favor. The fact that you've confirmed no state or federal trademark registrations exist for the name is also helpful to your case.
However, be aware that even without formal trademark registration, the other business may have established some "common law" trademark rights through their prior use of the name. While these rights are typically limited to their geographic area and specific field, the fact that both businesses relate to sports could potentially raise concerns during the trademark application process.
Your best path forward would be consulting with a trademark attorney who can evaluate your specific situation. They can help you determine if the difference between your sports focus and cheerleading is substantial enough to avoid confusion in the marketplace. Many attorneys offer initial consultations where they can provide tailored guidance on your trademark application strategy and assess your chances of success.
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