Legal Question in Business Law in Colorado

I want a company name that has been trademarked

I am about to set up a limited liability company to provide computer training to older adults. I will be its only member. I searched for the name I want to use in the US Patents & Trademarks website-someone trademarked it several years ago. Her registration still shows her contact info as Utah, but she now does business in Oregon in coaching, training, supporting managers and employees in companies; she has clients nationwide. She has a website registered as �the name of the business.com�.

I plan to do business in Colorado only, and will likely start out as an independent contractor working through other established training companies in Colorado. I have been advised to set myself up as some sort of entity so I can be paid in the name of the entity, instead of in my own name.

Can I use the same name for my company at all, in any form, i.e. if the name of her company is WeDo4You(TM), can I use that name at all in my company name? Can I use WeDoForYou? Can I use WeDoForYouing? Or WeDo4You Computer Training? Or WeDo4You Technologies? Etc.

I've checked for businesses registered in Colorado--no other company is registered with the name I want as a limited liability company, or any other type of company.


Asked on 10/19/03, 10:29 am

1 Answer from Attorneys
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: I want a company name that has been trademarked

You can use whatever name you want when registering the company in Colorado provided the name isn't already registered in Colorado. The US tredemark means that the registered user of that trademark could demand that you not use the mark in a similar business, but that right goes to the first to use the mark in commerce, and registration is only evidence of first use. If your business never comes to her attention, she is not going to complain, but you will not be able to register the name for yourself with USPTO without significant changes that could not result in confusion by consumers. The law of trademarks is fairly complex, so I recommend you seek professional counsel before expending significant resources for a trademark or tradename you know is being used elsewhere.

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Answered on 10/20/03, 12:23 pm


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