Naming my LLC

[Futurebusiness]

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

 

[quincy]

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

You can add your question and the name of your state by using the reply to thread feature. Thanks.

 

[Futurebusiness]

I'm an active duty servicemember in california looking to start a food truck here when I've finished my service. I thought long and hard and finally landed on a good LLC name. As it turns out, there's a company on the opposite corner of the country which produces a food product sold on shelves (insert trademarked product name conflicting with my prospective LLC name here). My question is: would I be in my legal right to use this name or could a case be made against me that I could be confused with my competition?

 

[FlyingRon]

As far as the LLC name goes, all you need to do his have one that is unique within the state.

The issue becomes what happens when you use the name in commerce. If there's a likelihood of confusion between yours and an existing mark, then you could be found to be infringing on the other mark. A food truck and packaged food likely has overlap. If they are selling within your market, you may indeed have issues.

 

[PayrollHRGuy]

...or ever start selling within your market.

 

[Futurebusiness]

Ok so what options do I have before going back to the drawing board for a new name. Would it be possible to negotiate transfering the trademark to me? Or staying out of eachothers markets? Or permitting me to use the name?

 

[quincy]

Ok so what options do I have before going back to the drawing board for a new name. Would it be possible to negotiate transfering the trademark to me? Or staying out of eachothers markets? Or permitting me to use the name?

Having a trademark transferred to you is unlikely if the trademark is in use as an identifier for the other company's goods and services.

A trademark is designed to distinguish one company's products and services from those of all others so that consumers are not confused by the origin or source of the goods/services.

I recommend you "go back to the drawing board" to best avoid any trademark challenge from the first user of the mark.

Good luck.

 

[Futurebusiness]

😓ok thanks for the advice

 

[quincy]

😓ok thanks for the advice

We appreciate the thanks, Futurebusiness.

Good luck with your food truck business.

And thank you very much for your service to our country.