I'm starting a small landscaping business and did a search on the federal trademark database. Turns out there's a company with an almost identical name in a different state, but they do something totally different (I think they sell landscaping supplies online?). Should I be worried? I haven't registered anything yet, just trying to pick a name. The name is 'GreenEdge Landscaping' , theirs is 'GreenEdge Supply Co.' Not sure if I should just pick something else to avoid headaches down the road.
Business Names
I checked the federal database and found a similar business name
Not a lawyer, but if they're in a different industry and different state, you're probably fine. Trademarks are usually protected per industry. Unless they're huge, they won't care.
This. Also, federal trademark search is just one piece. Check your state's secretary of state database too. That's where most small business conflicts actually pop up.
GreenEdge Supply Co. sounds like they might sell mulch and stuff. You're landscaping. That's close enough that a lawyer might argue confusion. I'd change it. Not worth the risk for a new business
Lol 'GreenEdge' is generic as hell. You could probably find 50 of them. Just add your city name or something.
Honestly, I'd just call a trademark attorney for a quick consult. Usually $100-200 and they'll tell you in 15 minutes whether it's worth worrying about. Cheaper than rebranding later.
That's fair, but for a tiny landscaping biz, $200 might be a lot. You could also just search on uspto.gov for 'GreenEdge' and see how many live marks there are. If theree are dozens, you're probably fine.
Also, if they haven't registered it federally, common law rights still apply but only in their geographic area. So if they're across the country, you're likely safe. If they're one state over, maybe less so.
I still say change it. Why start with a cloud over your head? Pick something like 'GreenEdge Lawn Care' and you're still close but different enough. Or just pick a totally differeent name. Naming is fun until it's a legal issue.
Or just go with 'Not GreenEdge Supply Co.' Problem solved.