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N Cal Attorney
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 9389
Experience:  Since 1983
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We have a business and are incorporating it in California.

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We have a business and are incorporating it in California. The company name is XXXXX XXXXX by other housecleaning businesses in Indiana and Georgia. The Indiana company had it as a registered trademark, but cancelled it about 6 years ago. The URL w/ .com is unregistered, but the IN company uses the company name w/ .net.

A marketing company warned us that the IN company might find that we are using the company name and require us to stop using it.

I have asked many about using the same company name in a different state/region and heard it would be legal. And told that we could register the TM with the US PTO. The marketing company said a judge could require us to stop using the company name.

We don't want to have to lose the right to use the name that we selected.

Can we use a company name used by other companies in different states where we would not compete agains each other? Can we protect the use of the name by registering the tradename?
You can find out if the name is XXXXX XXXXX in California by checking at

You can check if it is available at

If Californa allows you to use it as the name of your corporation that will provide some protection, especially if the Indiana company is not in a similar type of business.
Customer: replied 7 years ago.
Don't feel this answered my question. I already know the name is XXXXX XXXXX incorporate in california.

My question was if we could be required to stop using the company name by the Indiana company and if registering the name with the USPTO would provide protection even though the Indiana company had cancelled the trademark registration.
Are the two companies in similar businesses?

Is there a likelihood of confusion?
Customer: replied 7 years ago.
Both companies are in the same business, but not likely to compete in the same market. We would not be doing business in Indiana (or Georgia) and those companies would not be doing business in California - unless any one decided to expand nationally which I don't think would be likely for a housecleaning business.
If the USPTO will allow you to register this as a service mark that will provide some protection but there is no guarantee the Indiana business will not cry foul and try to have the registration revoked if they were using the name first.
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