• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Trademark Implementation Question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Tigger7984

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

Hello all and happy to hear your thoughts on the following:

My wife and I are looking to open a restaurant over the next 6-8 months. The name we would like to use is the same name as a fruit distribution company which has been trademarked by them since the mid-90's. Through our searches, I see other brands with the same name in other uses (retail, online apparel, etc...). No restaurants that we see and no fruit distribution companies. The entity that owns the trademark is also in the state of NY if that makes a difference.

My question is: Can we use the same name for our restaurant without being concerned that we could/would receive a cease and desist letter once opened. (Rebranding at that point is a non-starter.)

Many thanks!
 


quincy

Senior Member
What is the name of your state (only U.S. law)? New York

Hello all and happy to hear your thoughts on the following:

My wife and I are looking to open a restaurant over the next 6-8 months. The name we would like to use is the same name as a fruit distribution company which has been trademarked by them since the mid-90's. Through our searches, I see other brands with the same name in other uses (retail, online apparel, etc...). No restaurants that we see and no fruit distribution companies. The entity that owns the trademark is also in the state of NY if that makes a difference.

My question is: Can we use the same name for our restaurant without being concerned that we could/would receive a cease and desist letter once opened. (Rebranding at that point is a non-starter.)

Many thanks!
If you know there is already an existing active business using the same name you are considering using for your restaurant, it would be smart for you to find a different name as an identifier for your restaurant. You otherwise would be at risk of a trademark infringement suit being filed against you - which is not a great way to start a new business.

Good luck.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top