What Trademark Issues Are Involved in Selecting a Company Name?
There can be trademark issues in selecting a company name. One of the most important tasks you will undertake when starting a new company is to determine and obtain clearance for your company name. There are two very different types of legal issues as well as numerous business issues involved in this process. One section of legal issues involving choosing the name of your business determines whether or not the name is available under state law as far as an entity name.
What Should I Do First?
You need to check with the secretary of state in Arizona to determine if another business entity, partnership, or corporation has the name that you are interested in. The second set of legal issues has to do specifically with trademarks. If the secretary of state approves your business name, this does not mean that you have been granted trademark rights or authorization to use a particular business name for conducting commercial activities.
Where Trademark Problems Get Sticky for New Businesses
Another company may have incorporated under a name but may be liable for delusion or trademark infringement for use of that name. This is why it is imperative to consult with a knowledgeable business attorney when you start your company in order to address this and a whole host of other legal issues involved with founding a company. This is one way to find yourself in the midst of a lawsuit, even if your mistake was an honest one.
What Is Trademark Infringement?
Trademark infringement can occur when a company or a person uses a mark or name in any way that causes confusion or a likelihood with another company or person. It can be a serious matter to find yourself named in a trademark infringement suit and this is why you should consult with a commercial litigation attorney as soon as you have been named a party in a suit like this.
Why Litigation Prompted by Trademark Infringement Can Hinder Your Business
Litigation can be costly and a big investment in terms of your time. It is imperative to do all of your research or selecting a company name in order to minimize the chances that you will be dealing with a trademark situation like this. Make sure that your due diligence has been accomplished when starting your company. If an issue arises after you have already selected your company name, you need a business litigation attorney in Arizona as soon as possible.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Trademark Issues In Selecting a Company Name, or any other litigation matter, please feel free to contact us at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.