Legal Question in Business Law in New Jersey

The subject is complicated and before you make an investment in the use of a name that might generate a problem, you should consult a lawyer. It is important to distinguish between company names, trade names, and trademarks (registered and common law). The State will register almost any business name that is unique. It does not make a determination that you can use the name in commerce. However, if the name is also to be used as a trade name or if it will become a trademark, there are other requirements to meet. Although there are technical differences, for the purposes of your question, we can treat trademarks and trade names together. The purpose of granting a trademark owner special rights to the use of a mark is to give the consuming public an accurate means to determine the origin of goods and services. So, to use your example, even if NJ were to register your "Gucci, Inc." or "Gucci LLC", you could not use the mark "Gucci" if you were selling articles of clothing or other items of fashion for which that mark had been registered or acquired common law association with Gucci products. You might, however, be able to open "Gucci Pizza" if there is no competitor that has prior rights in the name. Certain names have broader application than others and are heavily defended against encroachment. It would not be a good idea, for example, to open the "Pepsi Ice Cream Shop" even if your name is Pepsi. /p/ See also: http://info.corbettlaw.net/lawguru.htm