Can I name my business Angelic Infant Daycare if there is one called Angelic Faces?

Question

I am starting my daycare and naming it Angelic Infant Daycare but this lady who runs a business called Angelic Faces has contacted me regarding my name, does that mean I can not name my business Angelic Infant Daycare?

Answer 1

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

Personally, I would decide on a different name.
You may not want to be mistaken for the other day care. If something goes awry there, it most definitely will impact your business. It's best to keep your name unique.
A competitor of mine has trucks with lettering similar to mine. I was the first with the style and apparently, I have more trucks on the road than I realized, according to my customers. lol
So, where he thought he could capitalize on the popularity of my business, it's actually backfiring on him.

Good luck in the endeavour.
ps... send me more info on your business and I'll come up with some very nice ideas for names for you.
Check out my profile and and questions answered and you'll see.

Answer 3

Get your name copywrited as soon as possible. As long as she has not done it already. This way she can not sue you for stealing her name.

Answer 4

Absolutely you can!!! Don't let her tell you anything else!!

Answer 5

yes,, you can call it that if you want to,,