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Business name trademark infringement?

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Thewaydownx

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

Hello,

I am in the process of starting up an operation where I will be selling hand-made goods. I will most likely not be getting a business license unless that becomes necessary later on down the line, since it will be a one man operation, and I cant see it becoming any significant size in the near future.

I have searched all of the online databases I could find, and performed a google search for my proposed business name (old moon leather), and the only thing I could find was a couple of expired amazon listings with the user name being the same name I plan to use ( http://www.amazon.com/Old-moon-Wallet-Leather-Credit-Protector-Purple/dp/B00H53E4KM ), only with a dash in between the two words. After clicking the name to link to the users profile, it said the user no longer existed. I checked to see if a domain would be available with the same name, and it was. The item was an accessory, and I plan on selling accessories. I also noticed that the ad also says (TM) next to the name. Would it be considered infringement if I used the same name but without the dash included, and how would I find out if that company even still exists, or if the trademark is still even valid?

Another side question: If I wanted to use the word "company" or "co." in the name, ie . "old moon leather co.", is that legal if i don't have it registered as a business?

Thank you for your advice

Zayne
 



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