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Category: Business Law
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Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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I am planning to use Orchid Allure as a name for my orchid

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I am planning to use "Orchid Allure" as a name for my orchid nursery in Hawaii but see that Downy has a fabric softener whose scent is called "Orchid Allure" and they have it trademarked. Can I still use it for business name?
Thank you,
Thank you for the post Dan, I am happy to assist you by answering your questions. Yes you can use Orchid Allure for the name of your nursery as the two designations are entirely different and in no way aimed at the same product.
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Customer: replied 5 years ago.
Even though they have those 2 words trademarked, it is still ok?
Yes, you are not infringing on the intended use of that trademark (that trademark relates to the product they sell only). If you were selling a product you could not name it with their trademark however.

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