Legal Question in Intellectual Property in Florida

Filing for Trademark
I am planning on starting a gift basket business in South Florida, I have searched Sunbiz.org and 1 of the names I would like to use is not yet registered as a corporation in the state. I then took that name and went to USPTO.gov and did a trademark search for the name and found no current registered trademarks. I then went to look for a web URL and found that a few companies with the same name exist in other states, it appears they are offering national shipping so they may have done some business in the state although it seems unlikely given their locations. Due to the nature of the business I have no issue sharing the name with companies as far away as they will be but I am wondering if they have not registered a federal trademark will I be able to do so to protect myself in the future, or will they be able to come after me if they are in another state located 1000 miles away?

Asked on 5/19/07, 12:51 pm

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Re: Filing for Trademark

You need a legal opinion. We can advise you on this but will need to have more facts, but our legal opinions are not free.

Answered on 5/19/07, 1:18 pm

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