Legal Question in Business Law in Minnesota
I want to start my own business . . .I have some names in mind I'd like to use.
However, when I google them, I see that some of them are already in use.
Can I call my business anything I choose to, or is ther a leagal issue in using a business name that already exists?
2 Answers from Attorneys
A trademark attorney will tell you the answer is it depends. If you use a mark (brand) that someone else is using, depending on whether they are in your same geographic area, type of protection they have (a federally registered mark gives rights throughout the entire U.S.) and type of business - you can be sued for infringing on their trademark. Consult with an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Yes there will be legal issues using an existing business name.
TM and SM problems arise whenever there is confusion, or if you have chosen one that has been registered with the USPTO.gov.
Call or email for a no charge consultation.
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