Ask a Trademark Attorney

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Question: I just thought up a GREAT name for my new company.  I checked it in the State where I want to register, and the name is clear. I’m so excited! It took forever to come up with this name!  Do I really have to worry about trademarks now?  Money is so tight!



The Perect Name?

Answer: First of all, congratulations!  Your business name is the most important first step to attract customers.   Let’s say you want to register SUZIE’S CUPCAKES LLC and you’ve got your cupcake pans greased, and are ready to start baking, and all over the US.  And you’ve registered as your domain. Sounds yummy!

Not So Fast!

SUSIECAKES is a registered Federal trademark. Even though it uses a different spelling of “Suzie” and the word “cakes” not “cupcakes,” the owner of that trademark could threaten you with a trademark infringement lawsuit.  Why?  Because SUZIE’S CUPCAKES is “confusingly similar” with SUSIECAKES, a Federal registered trademark, enforceable in all 50 States.  While you may not be ready to file for a trademark just yet, you would be smart to have an experienced trademark attorney conduct a search and give you a legal opinion.  Your awesome business name should NOT be  a problem you don’t need, while dealing with all the other demands of starting up and running your business.  I charge a (reasonable) flat rate fee for a search and opinion.  It could be the best investment you’ll make for your business!


The foregoing fact situation has been created by way of example only and is not intended, nor should be construed as, legal advice.