Legal Question in Business Law in California

If the MA company has not trademarked its name, I can see no reason or ground why you could not also use the name you propose in CA. There are several reasons, including distance separation, the differences in the names, and the somewhat generic nature of each. You did not say if both are in the same business. If one makes toys and the other sells compact cars, that would be another reason.

Indeed, the names may be too generic to qualify as trademarks.

However, being able to sue and being able to win are different concepts. Businesses are treatened with cease-and-desist letters, filing of lawsuits, etc. all the time even when the suit or treatened suit lacks merit. Occasionally a business will be forced to spend a lot of money to defend a lawsuit which has no merit and which they will eventually win. I would suggest contacting the MA firm, explain what you plan to do, and ask if they would oppose your proposed name.

The courts might split the baby and make you call your business "Matchboxx Motors of CA" and they would call theirs "Matchboxx Motors of MA." Kind of like Snyder's of Hanover pretzels.

Unless the company in MA has federally registered the name AND intends to operate in CA AND is in the same line of business as yours, you have little to fear. Consult with a trademark attorney in your area so he or she can do the proper search of PTO and state registration records.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney