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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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I am researching for names for a new catering business in California.

Resolved Question:

I am researching for names for a new catering business in California. Several of the names I like, had been taken already by somebody else. For instance one of my favorites is Sage Catering, the problem is (or not?), there is a Sage Catering already in other county of California (I am in Los Angeles County). I am not clear on the law regarding name rights. Would "slightly" changing the name do the trick? Would I be able to incorporate the business later on?
Submitted: 6 years ago.
Category: Legal
Expert:  Jack R. replied 6 years ago.

You cannot use a name that would confuse readers with an already used name. The more similar you make it to an existing company the greater the possibility you will be sued and required to change the name.

 

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Customer: replied 6 years ago.
Is the same if the business with a similar name operates in a different State?
Expert:  Jack R. replied 6 years ago.

Names are XXXXX XXXXX specific unless it has a federal trademark.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 6 years ago.
Just to be clear, if the name "Sage Catering" is incorporated in California (not federal trademarked), I can incorporate the same name in Nevada or Maryland, etc., correct?
Expert:  Jack R. replied 6 years ago.

yes, the name is XXXXX XXXXX for the state where it is registered unless a federal trademark is obtained.

 

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All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

 

 

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