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What is a good business name for an IT support company?

Business Registration, Trademark Registration: If I own Example Name Enterprises LLC, and another company owns Example Name LLC, but they're a record label and I'm a mobile app that has nothing to do with music, can I use  "Example Name" to promote my product?

  • I want to promote my app using a particular name. However, the name is already registered in my state. I can add "Enterprises" to the end of the name to distinguish my business name from the other business name. But I don't want to use the word "Enterprises" or any other additional word to promote my app. The business that owns the name I want does not have it trademarked. The name has no trademarks nationally or in my state. I am also in a completely different market. If I register as Example Name Enterprises LLC, and the other company is registered as Example Name LLC, can I still use "Example Name" when promoting my app?

  • Answer:

    I think you may be talking about two different things, but I can't tell for sure. So I'll describe how they both work. States control the registration of business names, generally through the Secretary of State's office, so no two businesses in the state can have the same exact corporate name. In Oregon, and perhaps in other states, when you apply for your corporate name the Secretary of State just refuses to let you register until you get a name that is far enough away from existing business names (let's call your desired name XYZ Inc., so perhaps you will be allowed to choose YXZ Enterprises, Inc.) So, depending upon exactly how your state manages it, it's possible that once you have successfully registered your corporate name you are legally in the clear to use it. Trademarks can be registered at the state or Federal level, but for a mobile app you will want a Federal trademark. Even if XYZ Inc. does not have a registered trademark it still has common law trademark rights, but you can file a Federal application in the appropriate class(es) and perhaps get a registration. You need actual legal advice from your own trademark lawyer. If you don't have one, get one -- this is the kind of thing that requires a specialist.I am a lawyer, but I am not YOUR lawyer. This answer is not a ...

Stephanie Vardavas at Quora Visit the source

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Whether the use of one mark infringes another always depends on the facts, in particular the mark you use, its commercial context, its connotation in the country you use it in, how long you've used it and in respect of what goods. Without disclosing that little lot any attempt at a practical answer is just fumbling around in the dark. If you're in the US, try http://INTA.org for some general guidance and where to find a trade mark attorney.

Robert Cumming

I'd first distinguish between the company name and the trademark. After all, they do not need to be identical. Your company may be Example Name Enterprises LLC, but the trademark for your app may be SUPERDUPER or what have you. Whether your business name is identical or close to another business name may be, but isn't necessarily, a trademark issue. But let's assume we're talking trademarks. As others have noted, the ultimate question is whether consumers will be confused. That is, if the marks are identical or similar AND the products/services are related enough that your average consumer might think they're somehow related, you may have a problem. However, if the products/services are sufficiently different, then even identical marks can coexist; for example, APPLE for computers etc and APPLE for banks. A trademark attorney can give you a good overview of the situation once he or she knows the details.

Matthew Saunders

The measurement is: Would someone looking at this usage be confused? Would some people who saw this come to the conclusion that Example Name (records) is behind this app? You have not given use enough information to determine if some people are going to think the app is connected with the record label. Apps do a lot of different things and some clearly overlaps with existing businesses. You could not use any restaurant-based trademark for a food coupon app without expecting a lawsuit. Assuming that the functions of the app do not overlap, yes, you can use the trademark. But better, why not trademark both the full company name and the shortened name? A reminder, the process for registering a trademark involves a lawyer in most countries. Clearly you should ask him about this plan as part of your discussion of intended trademark usage on your product.

Todd Gardiner

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