I would like to use the name "Polished Nail Salon" for a new business. Has the name been already trademarked for nail salon purposes? How do I go about trademarking (assuming it is still available).Thanks!
Country relating to Question: United States
State (if USA): California
There is a federal registration for "Stay Polished Nail Boutique"
So you should avoid using a same/similar mark that is likely to cause consumer confusion
it is best to choose a mark that is an arbitrary and non-descriptive as possible (e.g. Apple for computers)
"Polished Nail Salon" might be somewhat on the generic/descriptive side and harder to get TM protection for
in any event, you may want to avoid that mark in light of the registration of "Stay Polished Nail Boutique"....they are not the same but similar. you could do some research to see how extensive this mark is being used and where, i.e. is it a huge well known chain or is it just a single shop that registered the mark. The smaller they are then the more likely you can establish TM rights in other areas.
Thanks! I expect to start using the name within the next year. Would Polished Nails or Nail Polished be too similar to Stay Polished for me to register? Stay Polished is in southern california so I would want to do business there.
I know the drybar has registered their name and it is pretty generic for a blowdry bar. any idea how they got around being too generic?
drybar does not seem generic to me. Polished Nails / Nail Polished are quite generic, that is a bigger problem than the similarity to Stay Polished....but the fact that you are in the same area could also pose a problem.
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