Legal Question in Business Law in Colorado

Naming and LLC

I have a name in mind for a Financial Planning firm I will be opening in Colorado in Aug. I am going to form an LLC and let's say for privacy's sake that my proposed name will be XYZ Financial Planning Group, LLC and I will do business as XYZ Financial Planning Group. I have recently noticed that another LLC about 150 miles away in CO has the name XYZ Financial Group, LLC and does business as XYZ Financial. Would there be any issues with the similarity of the two names, or does the insertion of the word 'Planning' into my title make them distinguishable enough? I am assuming that both LLCs would be in the same principal business, but I don't know exactly what XYZ Financial Group, LLC actually does. I appreciate your time in responding.


Asked on 5/24/07, 7:16 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: Naming and LLC

Morning,

There may be an issue if the businesses are in the same line of work in the same area. Unless they have filed a CO or federal trademark registration, this is a matter of common law trademark.

Contact an attorney to review and consider strategies. It is money well spent before you decide to create a brand that may very well infringe on another trademark/service mark.

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Answered on 5/28/07, 10:48 am


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