Intellectual Property Law
Intellectual property law questions? Ask a lawyer
Hello, I am an experienced intellectual property lawyer and I am happy to assist with your question. First, if you are talking about a company name, then you are likely talking about trademark law. Trademarks are business names, brand names, logos or taglines that are associated with a specific business and the goods or services they sell. Think Nike of "Just Do It." Those are trademarks. Trademarks law is designed to protect consumers from confusion. When two businesses use the same name and sell the same products, that can cause confusion among consumers. So you are correct, if someone already has a trademark on Cosmic Cosmetics Company, then anyone else using the same or similar name and selling the same types of goods or services will likely cause confusion and will subject themselves to a potential lawsuit.
In this case, unless you are selling something completely different than cosmetics, then choosing a name so similar to a federally registered trademarked name is ***** ***** will likely invite legal action from the owner of the trademark.
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