trademark vs business entity (name)

[philv]

hey guys....the name i want to register for a business is not yet taken to my knowledge...but the trademark is registered...what does this mean to me?

can i still register the actual business name, even if its trademarked? but wouldnt that be kinda "wierd?"

i.e. i want to register "sexy sea shells," the business name is available but the trademark "sexy sea shells" is already taken....

anything i can do, any ways around it? can i register? no?

thanks

[legalcpu.com]

Check if the name is taken in your state as Inc, is sexy sea shells taken as state or federal trade mark if so find out in what classification, because you could file fro trademark under same name but different classification

[philv]

but could i register the business as sexy sea shells even if trademark is taken

[legalcpu.com]

did you check the name if is available, then i would take it.

[consueent]

Most likely you are OK. Lots of companies have the same name. Think Ford (motor company and modeling agency).

You still may be able to get a trademark if your product is different.

[SlvrBulletV6]

If the legal entity is available in the state you want to register it, then you should be ok. Even if the trademark is taken. You can still have a trademark if your use of it is in a different classification as the previously registered trademark. Just make sure it isn't too similar in design and such.

[deep_impression777]

Ots okay as long as the products are different and/or different industries, operating in different states. Usually there is a simple remedy for this: Add an extra word or two in the company name.