Legal Question in Intellectual Property in Alabama

I'm looking for a name for my guitar business.

I've found a name that I like, but when I do a search on TESS, it shows up as a music store and in the same product category as my guitar business would show up; however it is listed as a dead trademark with an abandonment date of March 1, 2005. The name listed there is also one word where I would prefer to break it into two. I also did some digging and discovered that the company has been completely dissolved.

Can I use this name for my guitar business, as a trade name?


Asked on 7/22/09, 10:10 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

The trademark is probably available if you want to re-apply. However, you don't need to have a trademark to name a business and there is a good chance that you could not get one. Trademarks are for the purpose of identifying the origin of goods. Service marks have the same purposes for services. Unless you are planning to make your own guitars and label them with your mark, you can probably get by with a business name that conforms to the requirements of wherever you intend to register the business. Just stay away from anything that is confusingly similar to anyone who would compete in your area such as national brands and local merchants.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 7/27/09, 10:24 pm


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