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MIAMILAW1127
MIAMILAW1127, Attorney
Category: Business Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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Is a tanning salon in NV called Bronzed can I legally call

Customer Question

Hi there is a tanning salon in NV called Bronzed can I legally call mine Las Vegas Bronzed
Submitted: 1 year ago.
Category: Business Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

"The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first."

The other business can always turn around and sue you for infringing upon and profiting off the use of their name. This could involve lots of legal fees down the line and an extended battle with the other business. It may not be worth doing when you take into consideration the potential repercussions.

If I was you, I would register a D/B/A for the corporation and use that D/B/A as the name for the business. Make sure that it is not very similar to another business name in the same industry and in the same geographic area.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

Customer: replied 1 year ago.
if I am using a LLC say double DD LLC and file a DBA Las Vegas Bronzed that's ok and legal? We are both tanning salons in NV
Expert:  MIAMILAW1127 replied 1 year ago.

No. You cannot use the name Las Vegas Bronzed as your actual business name. You can use it as the name of the LLC, but the actual business name that you market/advertise cannot be Las Vegas Bronzed.

That would be the purpose of the DBA. You can have Las Vegas Bronzed LLC DBA Las Vegas Tanning and market the business as Las Vegas Tanning.

Customer: replied 1 year ago.
Ok thank you
Expert:  MIAMILAW1127 replied 1 year ago.

You are very welcome. Please don't forget to rate my response at your earliest convenience.