Can I use the same name (dba) as a corporation formed in another state.?

Question

I want to call my company Azureus, but there is a corporation called Azureus, Inc. I want to sell frogs (dendrobates azureus) they sell software.
I am in Colorado they are in California. Also, their name is that of an animal species. I imagines that limits their copyrights to some extent. What do you think?

Answer 1

While, yes, there is a pending trademark on the name, this is not the only factor in determining if marks are infringing upon one another.

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!

Answer 2

specific, you may... yet why could you want to? putting the sessions between the letters will distinguish your corporation call from the different corporation call legally.... yet...... yet... think of that different corporation does get a undesirable recognition and observe of mouth is each and every thing.... Now every time the call quit comes up and the undesirable recognition is reported it's going to be very confusing for the corporation named S.T.O.P. to convince any new purchasers (or maybe latest purchasers) that they don't look to be a similar corporation and that they don't look to be those that did the gruesome deed(s). you're continuously going to worry that the habit of the different corporation would have an result on your individual corporation.

Answer 3

No, the name is trademarked or a trademark has been requested.
Type Azureus into the SEARCH TERM box and you can see the filings.

http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=7nn69r.1.1

Good Luck.
.

Answer 4

As long as if there is no one with that name in your state.
The company I work for has the same name as a company in California and they both have been around for years and are not affiliated.

Good Luck check with your town clerk's office or state office and they will let you know.