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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I want to name my business ******** ********. Even though

Customer Question

I want to name my business ******** ********. Even though ******** ******** used to be in the same building 20 years ago and sold to *****. Can I get into trouble for using the same name?
Submitted: 1 year ago via Cornell Legal Info Institute.
Category: Legal
Customer: replied 1 year ago.
The owner of the business sold to ***** and is selling me the building he had the pharmacy at.
Expert:  Delta-Lawyer replied 1 year ago.

The only way you can get in trouble is if there is a trademark filed and registered which would preclude you from utilizing that name in commerce. If the name has not been used for 20 years in this location than the common law trademark would not be viable and you should be able to use this name for your business.

You can check the US Trademark Office Database to see if this named is federally trademarked. It is a keyword search, no different than google.

Take a look to see if there is a "live" trademark on that name. If there was one, but it is now "dead" then you can still use the name. If it is live, then you cannot.

Otherwise, you should be good to go.

Please rate my answer positively and let me know if you have any other questions or comments.

Best!

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