Legal Question in Intellectual Property in New Jersey
Using a Product Trademarked Name in an LLC Name
I want to form my own LLC and had a name picked out but found out that there is a computer product using part of the name with a trademark on it. For instance, say I wanted to use ''Expursion Repair'' and the product with the trademark is called ''Expursion''. Is it okay to register my LLC with this name?
1 Answer from Attorneys
Re: Using a Product Trademarked Name in an LLC Name
1. Trade name and trademark conflicts and infringement are very fact-specific. For that reason, it is not possible to answer your question with the hypotheticals you provide. It can be said that if the potentially infringed name comes from an registered mark, a search is in order to determine what classes of goods or services the mark covers. You should consult a lawyer to help you start your business. The business name issue should be included in that work.
2. Difficulties in choosing or obtaining rights to a businss name need not slow the formation of the business. Registration can be done using one name and an alternate name can later be registered and used.
My firm handles matters of this type, however it may be easier for you to work with a lawyer whose office is closer to you. (You did not give your Zip code. My firm is in Marlton.) If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
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