Can I have same business name as product that has already trademarked that name in different industry?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I have same business name as product that has already trademarked that name in different industry?

I just named my business which is in the book resale business and after doing research I see that there is a software product trademarked with same name. The software product is an education learning app. Will there be an issue?

Asked on November 12, 2016 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you will almost certainly have a problem. Book publishing or reale, and sofware publishing or distribution/sale, are close enough fields thats a trademark in one will almost certain extend to cover the other. If they were educational software and you were, say, landscapping or carpentry, the fields would be so different that there would be no or essentially no likelihood of customer confusion (the bellweather for infringement) and so you could use the name while they use the the name, too. But an educational software company could easily resell books--in fact, I used to work for a company which did both--and so customers could easily confuse or confound the two businesses; therefore, there would likely be infringement, and so using their name is likely forbidden.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption