Legal Question in Business Law in California

so I am going to sell fake eyelashes and I have names to list the individual characteristic of the lashes, but I noticed other companies have named their lashes the same name like "princess" or "duchess" etc. my business name is entirely original. Would it be ok to name an a product the same as another companies if they did not TM?

thanks


Asked on 1/25/16, 9:10 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, first, your company name may be entirely original, but that doesn't mean you can use someone else's trade name for your product. Also, the other companies may be able to assert common-law rights to the names they are using, even if they haven't trademarked them. Finally, do careful checking as to whether the names are trademarked or not, or whether a trademark application is pending.

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Answered on 1/25/16, 10:02 pm


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