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Choosing Business Name - previous use found, but in Canada and not in use now

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albright

Junior Member
What is the name of your state (only U.S. law)? Iowa

I am planning to get started with a small side business that will basically be a catch-all for various things I create/design, and sell (from informational products to artwork and design services).

In planning the business name, I decided on one, then researched to see if it was in use. The name is "_______ Studios" (the blank is a fairly common noun)

What I found in searching the internet was only one previous use of this business name:

  • The business was based in Canada and I will be based in the US
  • The name was NOT registered in the trademark database found at tess2.uspto.gov
  • The business used the website "_______studios.com" in the past, but has not had an active website in 3-4 years according to the internet archive wayback website. (the domain is still owned by someone, I would just need to use a different domain name, no problem.)
  • The previous business (apparently inactive for years now) did offer design services on the internet, which would be a small part of what I would also be doing--so it could be said the business name is being used in a similar capacity.

In the unlikely event that the previous user of the business name had a problem with my use, would the above details give me legal ground to continue using it?

Thanks for any thoughts!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 



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