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BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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I am opening a business in the USA, but the name we want to

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I am opening a business in the USA, but the name we want to use is already in use in Australia. Example: The Australian product is a hair dye named "Flake hair dye", and I want to open a hair salon called "Flake hair salon". Can I use the name? The name is XXXXX XXXXX in Australia, or the USA

BizIPEsq. :

Hello, I will be assisting you

Customer:

Great thank you

BizIPEsq. :

You should check with the USPTO and search for this trademark (see this link). It is entirely possible that the Australian company registered an international trademark and in such case you would not be able to use it in the US. However if you cannot find the mark in the correct category (known as classes) then you would be free to use it provided no one else is using the name in the US for the same type of products

BizIPEsq. :

the class designation (category) is from 1 to 45. Each category represents different industries and products. Generally speaking the same mark can exist across different categories (generally) but not within the same category. So as you search for the name notice the categories of any marks that do show up and make sure that they are not in the category that otherwise would be appropriate for your products

Customer:

When I search the USPTO TESS nothing comes up. Does that same system search for international trademarks as well?

BizIPEsq. :

It should but you should also search the WIPO database directly here

Customer:

Nothing there either

Customer:

The Australian company is "Lish nail creations" and they create nail polish and what not. We are opening a nail salon in the US called Lish nail salon.

BizIPEsq. :

are their products imported into the US?

Customer:

We haven't seen them, but who knows.

BizIPEsq. :

Realitically, if they haven't trademarked in the US/internationally and they are not being imported to the US then you should be free to use the name. In fact if you plan to provide a service or sell a product interstate then you would qualify to trademark the name yourself. This may be a wise defensive move in the event the Australian company decides to come to the US

Customer:

Thank you for the help.

BizIPEsq. :

you are welcome.

BizIPEsq. :

Please rate my answer without your rating I do not get compensated for my work

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