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I just started my own candle business on line. I did

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Hi my name is*****...

Hi my name is***** and I just started my own candle business on line. I did research on business names and a search on the uspto site. The name I have chosen is Sweet Water Candle & Gifts. When I went to create my shop on ETSY, i noticed a few others with Sweet Water Candle.Candles. I went again through 11,500 names and only found sweet water. So my question is should i trademark my name, even if there are businesses around me that have a similar name. They do not have a trademark. Do they have precedent over me because they have been around longer with that name or should I not worry about that. I just don't want any major headaches down the road. What is my best option or options?

Lawyer's Assistant: What state are you in? And have you consulted a local attorney?

WISCONSIN

Lawyer's Assistant: Has anything been officially filed? If so, what?

No trademark, just a LLC.

Submitted: 4 months ago.Category: Business Law
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Answered in 4 minutes by:
3/10/2018
Business Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 125,828
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The problem is that even if you trademark your name, others have been using Sweet Water before you and would have priority in use. So, if they prove they used the name before you register it, they can claim that they have right to the name first and you are making derivative use of their mark based on their first use in commerce.

You could be actually heading to a legal battle if you use the same name and you may want to come up with a new one.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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