Legal Question in Intellectual Property in New York
My question is about trademarks. Let's say I want to start my own Jam (as in Jellies) Company. I have come up with a name that I think works very well. Hypothetically, it is "ABCXYZ Jam". I researched the full name and nothing comes up. However when I just research that first word, it turns out that the company "ABCXYZ Foods" does indeed exist.
If ABCXYZ = a real name and also a word in other languages, then they can't have possibly trademarked that singular word right? In other words, am I still able to start my own company and call it ABCXYZ Jam? How do I know what part of their company name is trademarked?
Thank you very much!
2 Answers from Attorneys
That's what a trademark attorney does in a search of the relevant databases - analyzes the existing mark and the potential, if any, for conflict. Without looking both at your proposed use and the existing mark it's impossible to offer more specific advice.
As a Franchise Attorney familiar with the importance of protecting a brand, I agree with the other attorney answer. Given there's another company in the food industry with prior rights and the same name, move on. Come up with another, unique name or combination that can be registered as a trademark. Consult with a good trademark or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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