Legal Question in Business Law in Washington
Hello,
A friend of mine and myself have 2 different Limited Liability Companies providing mental health services. We would like to work together: share office space, advertising expenses, and a website under a different name, not related to name of neither company. Can we both have the website name as a trademark?
1 Answer from Attorneys
As a Franchise Attorney I can say this. You can both use the website name, but there are a couple other issues. First, the use of the name (mark) is most likely a service mark as you are providing services, not manufacturing a product. Second, you should do a good search to make sure no one else has rights to the mark. Third, if it is available, the mark should be protected by either a state or, even better, federal registration. Depending on who registers, a cross-license can be developed for the other party. 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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