Legal Question in Business Law in Massachusetts

As a Franchise Attorney familiar with trademarks, I can say this. At the very least, the group of kids have established common law trademark rights. Whether they have a legitimate company or not doesn't affect these rights. A bigger concern for you is their geographic scope. If it's only local, then another user can potentially start a competing use outside their geographic scope and begin establishing rights that ultimately could box them in. This is not a do-it-yourself project. Consult with a good trademark or franchise attorney for specific advice.

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

Franchise Foundations, a Professional Corporation

The kids have a established use in commerce. However, trademarking a name is not so much the word as the design. There may be a way to create a viable trademark without having to defend it against the children. If you want to discuss this further please feel free to contact me without obligation.

Sorry, both you and Mr. Roth have it wrong, Mr. Murphy is correct -- you need to consult a trademark lawyer on the availability of the name, the strength of the name as a mark, and the manner in which it is used already versus the way you want to use it. Best wishes,

LDWG