Business Name Conflict?

Discussion in 'General Business' started by bushib, May 7, 2007.

  1. #1
    Hi there,

    I want to know that if I register a business name in my country and get a business licence for it. And if the same business name is registered in the USA or other country then would there be trademark, copyright or any business related issues or not.

    Any help will be highly appreciated.

    Best Regards
    bushib
     
    bushib, May 7, 2007 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    The US has common law trademarks - meaning you just have to be the first person to use it, and continue to use it, to establish rights in your trademark classification.

    Registering a business name or getting a business license in another country doesn't give you rights to a name in the US. You can go out and get a business license in the US and all they check is if the name is already taken in the county or state - it doesn't mean anything as far as a trademark rights as they don't check for prior usage outside of their jurisdiction.

    If you want a to register a trademark outside of the US that would afford you US protection, you would need an International trademark in a country that participates in the Madrid Protocol.
     
    mjewel, May 7, 2007 IP