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A name for a restaurant?

By law, are you able to name your restaurant the same name as another restaurant?

  • I thought of a name for a restaurant I am hoping to open, and I used Google to see if this name already existed for another restaurant, and it did, but in another state. Am I still able to use the name or not since it is already taken? Thank you!

  • Answer:

    As long as you are not in the same area or serving the same clientele where they may be confused between the two - you will be fine. There are many restaurants that share the same name, but in different areas. For example, try looking up a common name like "mom's cafe" you'll find many of them. This works except for using the same name as a nationally or regionally known chain. For example - you would not be able to open up a "Subway sandwich shop" or "McDonalds" even if there were none of those in your area because you could be held legally liable for infringing on their trademark.

S.H.M.I.... at Yahoo! Answers Visit the source

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You can, if not knowingly copying the same as another restaurant or restaurant chain's name. Otherwise, the chain or restaurant with that same name will probably try to dispute you by suing you in a court if they see you as a competitive threat, it has happened before. Hope this helps =D

RammJacketMethod

If the name is trade marked eg 'Hard Rock Cafe' , you cannot use it but if there is no other nearby restaurant there is not a problem.

Johnka

Depends on the laws WHERE YOU LIVE. And, you don't give us that.

Dart

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