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registered trade names

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seagotph

Guest
I plan on opening a restaurant in Florida, and use my last name as the restaurant name. There is already a national chain with my same last name with a location in the same county, but there is one letter different. However, both are pronounced the same. If I were to add my first two initials to my name, with it's one letter difference in spelling, would I risk being accused of using a registered trademark name?
 


HomeGuru

Senior Member
You would not be accused of using the registered tradename but rather be guilty of infringing because the type of business would be the same. It is the issue of similarities whereby a customer could become confused and go to your restaurant instead of theirs.

McRonalds selling burgers would infringe on the McDonalds name. But if one opened up a business named McRonalds selling farm tools and equipment, that's a little different.
 
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seagotph

Guest
The response to my question regarding registered trade names did not address the fact that my last name is a different spelling, and that I intend to use my first two initials to precede my last name, for the name of the restaurant. Rather than trying to infringe on a registered name,in this case, every effort will be made to differentiate my establishment from the national chain. Under these circumstances, when it can be shown that there is no intent to identify, or benefit from the registered name, would not that make a difference?
 

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