Legal Question in Business Law in Connecticut

Re: Trademark Conflict Non-U.S. Entity

Hello,

You might have a trademark issue, but it depends on a few things:

1) Does the foreign entity have trademark protection? Registering a company is not the same as registering a trademark. Registered trademarks are given reciprocal protection amongst countries that participate in certain international trademark agreements, but the name of a (non-trademarked) registered company has different protections.

2) When you said you ordered a search, did you mean a search of registered trademarks? You should also search the database of the Secretary of State's office in every state where you plan to do business. There is a chance that the name is not trademarked, but is already taken by a registered company. Check all states where you plan to expand, to avoid building up your business and later finding you can't build on your existing brand strength in a new territory.

Good luck!

Diana