Can I have same business name as product that has already trademarked that name in different industry?
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Can I have same business name as product that has already trademarked that name in different industry?
I just named my business which is in the book resale business and after doing research I see that there is a software product trademarked with same name. The software product is an education learning app. Will there be an issue?
Asked on November 12, 2016 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, you will almost certainly have a problem. Book publishing or reale, and sofware publishing or distribution/sale, are close enough fields thats a trademark in one will almost certain extend to cover the other. If they were educational software and you were, say, landscapping or carpentry, the fields would be so different that there would be no or essentially no likelihood of customer confusion (the bellweather for infringement) and so you could use the name while they use the the name, too. But an educational software company could easily resell books--in fact, I used to work for a company which did both--and so customers could easily confuse or confound the two businesses; therefore, there would likely be infringement, and so using their name is likely forbidden.
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