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Question: Can I use a name that another company made up and they are in a different industry?

I was thinking of a name for my new company I am looking to incorporate. I combined the words and i liked it! I Googled the name and found that there was a company that used that name and was bought by a big company and it seems they are no longer using that name. They are in a 100% completely different industry. Even if they were using that name, can i still use it?

Answer: While being in a different industry works in your favor in terms of using the same mark, it is not a definitive factor. Also, the other name might be considered a famous mark, which would have protection outside its own industry.

 

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