Legal Question in Intellectual Property in Massachusetts
another business with the same name
We are a new business, located in western MA, incorporated in August 2006 and open to the public January 2007. Another company, about 50 miles away in the state of CT exists with the same name (we did not know this). The owner has contacted us and asked us to volunteer to change our name. We feel we shouldn't have to as we're in completely different states and our target market consists of residents within a 15 mile radius of our location in Chicopee MA. I have not yet responded as I want to be sure that I dot my ''i''s and cross my ''t''s. Is there any steps I can take be sure that we will not have to give up our business name? Thank you for your time.
3 Answers from Attorneys
Re: another business with the same name
The answer may depend upon whether either of you have registered a trademark or servicemark with the USPTO. It may also depend upon whether you are in the same business.
The legal trademark question is whether a consumer will be confused by both companies using the same name.
More facts are required for a definitive answer.
Re: another business with the same name
In addition to whether you could be forced to change your name, you should also consider whether you want to rethink your business name.
Even though you may be able to use your name in a very limited area now, what happens if you grow? You may find yourself in a situation where a.) you can't use the name outside a small geographic area, and b.) the other user of that name expands to the point that there is confusion between their business and your business.
You should think about that, and also do a little research (if you hadn't already done so), such as checking potential names on Google, the yellow pages, etcetera, and then speak with a business attorney.
An attorney can also help explain to you what names registered at the US Patent & Trademark Office (www.uspto.gov) present problems. Finally, you may also wish to consider registering your name with the Secretary of State. (Also, if you are operating under a "fictitious name", a name other than your own, and you are not incorporated, you should have filed a DBA with your local jurisdiction).
Frankly, you should speak with a business attorney in your local area, because they could help avoid future problems, and help you address this problem (including by sending a letter to the CT business owner).
Good luck!
Re: another business with the same name
There are two basic kinds of interstate trademark rights (registered and unregistered); federal law protects both. If the CT company is using the same (or confusingly similar) trademark in interstate commerce, than your subsequent use would violate their trademark rights even if you use the mark completely in MA.
Glad to provide specific advice upon request (offline).
Best wishes,
LDWG
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