Name of a new business Trademark question

[morgantownhokie]

Kentucky.

If a word such Corium (the latin word for skin) is Registered (has the ® by the name) to a company named Corium that sells skin and body products nationwide, does that mean we can not use the name Corium at all in our company name for a Spa we are opening up in Kentucky?

Another way if you aren't following me, can we name our company Corium Spa if the word "Corium" is already a registered trademark?

I apprecaite any help.

 

[divgradcurl]

Kentucky.

If a word such Corium (the latin word for skin) is Registered (has the ® by the name) to a company named Corium that sells skin and body products nationwide, does that mean we can not use the name Corium at all in our company name for a Spa we are opening up in Kentucky?

Another way if you aren't following me, can we name our company Corium Spa if the word "Corium" is already a registered trademark?

I apprecaite any help.

You would need to check and find out how the word "Corium" is registered, and in what "fields" it is registered. If the word is registered as a standard character mark, it has broader coverage (usually) than it was registered as a fanciful mark, or a mark with design elements (i.e., a logo).

Trademark infringement is based on a "likelihood of confusion" test; amongst the elements of the test are the similarity of the marks, and whether consumers of the products would be confused as to their origin. Your best bet is probably to sit down with a local attorney who can review all of the relevant facts and advise you accordingly.