2006-07-11 16:30:26 · 4 answers · asked by Radam 1 in Business & Finance ➔ Other - Business & Finance
Yep, it's legal if you're exclusively in Florida, I believe. But if you're planning on expanding to other states, or they expand to Florida, it might lead to confusion. You might do better to select a completely different name.
You might consult with an attorney to be sure, but I know that a lot of common names are used by companies in different states without conflict.
2006-07-11 16:35:05 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It depends on a number of factors.
Determining if marks infringe can be tricky and each situation varies from another.
The general rules to keep in mind are:
1) Are the names similar in Sound, Appearance or Meaning?
2) Are the industries the same or similar to one another?
3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?
4) Do the trade areas cross? What about the advertising routes -- are the products/services advertised in common places?
Here's what the USPTO has to say about this matter:
"The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:
the similarity of the marks; and
the commercial relationship between the goods and/or services listed in the application.
To find a conflict, the marks do not have to be identical, and the goods and/or services do not have to be the same. It may be enough that the marks are similar and the goods and/or services related."
It's best to contact a private search company or a trademark attorney to assist you in determining if this will be a problem or not.
Hope that helps! I wish you much success & happiness in all your ventures!
2006-07-12 03:55:10 · answer #2 · answered by TM Express™ 7 · 0⤊ 0⤋
Yes, you can. When you register a ficticious name with the Secretary of state you can do a name search to make sure that it is available to be used in Florida. Registering a particular name in another state does not preclude you from using that name in Florida.
2006-07-11 23:54:17 · answer #3 · answered by Eddy K 1 · 0⤊ 0⤋
you have to check if your business' name has been used by anyone else, if it hasn't then you can use it
2006-07-11 23:34:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋