Question: Can I trademark a business name that is already used as a product name by another company? I have a soap company that I want to name Skin Savior. Another company named One Love Organics, has an individual product in their line named Skin Savior. They have trademarked One Love Organics, but do not seem to claim Skin Savior. It does not come up searching government site.
Answer: Even if a name does not come up when searching a government site, a company can still have trademark rights. Also, use of the same name for a company and for a product can still create possible infringement.