What are my options if I found a company with the same name as mine but technically but they don’t use it?

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What are my options if I found a company with the same name as mine but technically but they don’t use it?

I am forming my business and while doing a name search/ DBA, I found a

company with the

Asked on October 8, 2018 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Do you also produce or sell closet organizers or other products like that, as they appear to from the name? If so, it is likely that *neither* of you can trademark or protect that name, since the name "organizers" about storage/closet organizers would be seen as too "descriptive" or "generic" to be trademarkable. Only names that do not merely describe (more or less) the busness or are not "generic" descriptors for the product/service can be protected, which is why we have "Google," not "Internet Search Co." and "Amazon" not "Buy Stuff Online LLC." So the name you describe is one you can most likely use, but also one which you most likely cannot trademark or protect--i.e someone else could come along with "John Doe Organizers Unlimited" and you could not stop them.


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