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  1. #1
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    Trademark and Patent Law?

    Anyone familiar with Trademark and Patent Law?

    I live in CA and want to register an S-Corp with a name that (to the best of my knowledge) is AVAILABLE in CA, but is already registered to someone in Pennsylvania. I searched the USPTO database and did not find any registered trademarks under that name.

    Based on my google-fu, it seems that it is perfectly legitimate to register with the same name here in CA, so long as I do not do business in PA (which I don't want to anyway).

    Does any have any experience with this? Im going to be registering through LegalZoom, so will certainly get their advice when the time comes to actually register, but want to see what I can learn in advance.
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  2. #2
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    Do you mean that the name is untrademarked but used by someone in PA (through what agency is the name registered to in PA)? If the name is not registered with the USPTO then you should have a valid claim. I've never registered a trademark and I think it might be fairly easy but I'm guessing you'll want to run this by an IP attorney at some point to make sure your "i"s are dotted and "t"s are crossed. I've had stuff patented from work and it's tedious legal stuff that only an attorney can fully comprehend and if you screw it up then you could be hosed.

  3. #3
    007
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    Quote Originally Posted by nwbikur View Post
    Do you mean that the name is untrademarked but used by someone in PA (through what agency is the name registered to in PA)?
    This is correct. It's a registered business name in Pennsylvania. AFAIK, there is no formal trademark filing, only a "Doing Business As" registration.

    EDIT: It's an LLC in Pennsylvania.
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  4. #4
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    USPTO is the only legal entity that matters in terms of trademark protection so you should be OK in filing your claim if the name is not registered with them yet.

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