Legal Question in Business Law in Texas

I'm trying to start a clothing company. I see other really small companies out there with the same name that I want to call my company. If they aren't trademarked or registered...can i still trademark the name first?

Asked on 3/10/13, 9:58 pm

2 Answers from Attorneys

Dipo Akin-Deko Akin-Deko Professional Services Firm PLLC

That depends on a slew of things including the name being used, the industry, how common the name is, what state the business is etc. You need a trademark attorney to sit down with you and discuss the specifics because trademarking is very technical.

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Answered on 3/11/13, 6:33 am
Joseph A. McDermott, III Attorney at Law

Depends. Do you want to be in the clothing business or the lawsuit business? Find a name that's not taken.

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Answered on 3/11/13, 7:28 am

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