I filed for an LLC last week and the name cleared the state search. Before I start buying domain names and getting business cards printed, I looked up the name in the USPTO database and there are two live marks that seem kinda close but not identical. One is in a different class, the other is in the same general category but spelled differently. I'm not trying to get sued in year one. Do I need to talk to a trademark attorney before I commit to this name? And is it a huge red flag that there are existing marks at all?
Trademarks
My LLC name is available but the trademark situation looks complicated
LLC approval means basically nothing for trademarks. Different systems. State onnly cares if another LLC in your state has the name.
The different class thing might save you but 'same general category, different spelling' is the kind of thing that gets people letters. I'd at least get a consult. A lot of attorneys do free or cheap 30-min calls for this.
How close is close? Like 'Bluebird Coffee' vs 'Blue Bird Cafe' or more like 'Bluebird' vs 'Blue Nest'? Because the first is a problem, the second mizght be fine.
More like the first honestly. Same two words, one has them as one word and min has a space. I thought that was different enough but the more I read the less sure I am.
lol you just described the textbook definition of 'confusingly similr.' Spelling it with a space does not magically create a new mark. Sorry.
Yeah, I have to agree with the above. Separating words, pluralizing, adding an 's'... not enough on its own. The question is whether the goods/services overlap enough that a customer would be confused. If you're in the same class, that's the whOle ballgame.
Not a lawyer but I went through this. The trademark search on the USPTO site is free but reading it is a skill. You can also pay a search firm a couple hundred bucks for a more thorough report before you even hire an attorney.
Also worth checking if those marks are actually being used or just sitting there. A registration doesn't mean much if they haven't sold anything in years. Though that gets into cancellation territory and you're deep in attorney land at that point.
Genuinely curious why you'd keep pushing this name. You haven't printed anythin yet. Pick a different name and sleep better.
Because I've been sitting on this name for months and I like it. But also because the LLC is already filed. Can I just change the name later or is that a whole thing?
Amending an LLC name is usually a form and a fee. Way cheaper than a cease and desist.
The cheapest option is always the one you do before you order 500 business cards.