Using A Business Name Already In Use

Summary

If you want to use a business name that is already being used in a different state, there could be a potential for a trademark dispute. Registering your business name as a trademark can provide nationwide protection. However, even without a federal registration, the other business can still sue you for trademark infringement. Its best to consult with a trademark attorney to understand your rights and potential risks.

Full Conversation

I am starting an ecommerce business and the business name that I want is actively being used in a different state than I reside in. There are no active trademarks on the name. The name I want to use is Heart Over Height Apparel, and the name that is used by the other business is Heart Over Height USA. Can they sue me? I live in Florida and they are in Georgia.
Are you planning to register your business name as a trademark?

In general, if there's no active trademark, you may use the name. However, it's advisable to consult with a trademark attorney.
Yes eventually once my business grows
What is the nature of your business and the products or services you offer?

General Information:
- Trademark laws vary by state.
- Florida Trademark laws protect names, logos, and similar marks used in commerce.
- Consult a local attorney for precise advice.
Ecommerce retail athletic wear brand
General Information:
- Trademark infringement can occur if your business name confuses customers.
- Consider registering your trademark early to avoid potential legal issues.
- Florida Department of State, Division of Corporations: +* (*) *-*.
So, if I register my business with the state of Florida can the other business sue me?
Yes, they can sue if they believe your business name infringes on their brand. However, without a registered trademark, their case may be weaker. Always consult with a legal professional.
does registering my trademark with the state of Florida offer the same protection as registering a trademark with the United States patent and trademarks office?
Registering a trademark with the state of Florida only offers protection within Florida. Registering with the United States Patent and Trademarks Office provides nationwide protection.
So, if I register my trademark only with the state of Florida, can the other company still sue me for infringement even if they don't register their trademark with the United States Patent and Trademarks Office?
Yes, they can still sue you for trademark infringement. However, without a federal registration, their case may be weaker. It's best to consult with a trademark attorney.
For legal infringement purposes are the names Heart Over Height Apparel and Heart Over Height USA the same
Are the names Heart Over Height Apparel and Heart Over Height USA being used to sell similar products or services?
use
Yes, both are selling athletic wear.
yes
In general, if both businesses are selling similar products, there could be a potential for confusion, which might lead to a trademark dispute. It's advisable to consult with a trademark attorney.