Legal Question in Business Law in New Hampshire

Re: Trademark Product in Company Name

Not a problem unless the trademark name could constitute a "famous or well-known mark" that triggers a separate part of federal trademark law. You should present your situation to a lawyer for a brief consultation to ensure that you will have no obstacles to the use of your company name.

Best wishes,

LDWG

Re: Trademark Product in Company Name

Although you can register a name with the Secretary of State, that does not address the issue of whether a trademark holder can block the use of your name down the road. The Secretary of State is simply saying that he won't prohibit the use of the name, as he could if there were another company doing business in NH with a substantially similar name.

There could be various claims by the trademark owner that your use encroaches on their mark - much will depend upon the uniqueness of the existing mark and the likelihood that the owner will come knocking... Consider what would happen if consumers became confused in the future over whether your companies are related, and what happens if your company expands geographically or in capabilities - will you want to switch names?

It is always a good idea to "google" the proposed names before choosing, to make sure that there are not names which will provide a future problem, and a quick check on the PTO website is also warranted.

Please feel free to contact my office if you have more questions - we see clients in Wellesley, MA and Concord, NH.