xyz global & xyz solutions

[zayd.enam]

Hi,

I have a quick question on company name trademark laws. If a company is named xyz global can I start a different company with the name xyz solutions legally without having to worry about trademark infringement?

I did think of the name before I knew of the company (it was a the perfect name) alas, a google search showed me someone had thought of it sooner.

Thanks

[zayd.enam]

I need to figure this out before I submit my paperwork. Anyone?

Thanks

[paul2145r]

There is usually no trademarks placed on smaller business names- it costs too much. If you are in the United States, then you have to have a name that's different in some small aspect from other businesses. As an example, if there is a company called XYZ Financials, INC, then you can legally start a company named XYZ Financials, LLC.

I am not sure what the international rules are on this topic, but if all else fails - Incorporate in the USA, lol!

[JLeezer]

There is usually no trademarks placed on smaller business names- it costs too much. If you are in the United States, then you have to have a name that's different in some small aspect from other businesses. As an example, if there is a company called XYZ Financials, INC, then you can legally start a company named XYZ Financials, LLC.

I am not sure what the international rules are on this topic, but if all else fails - Incorporate in the USA, lol!

Paul, your advice on XYZ Financials, INC vs. XYZ Financials, LLC is NOT CORRECT! That absolutely would be considered trademark infringement. The startup company I previously worked for was named Fontis Healthcare Systems Inc. We were in the business of health plan and health savings account management. Another company (HUGE company) operates under the name Fortis. This other company is a healthcare company. They sent us a cease and desist order from their attorneys demanding that we change the name within a reasonable time period.

However, if we had been in another industry, let's just say lawn care, we could have legally operated as Fortis Lawn Care Inc and had no problems what so ever.

So, while Paul's specific advice is no correct, the answer to you problem lies in the industries involved with your company and the other company. Regardless of if you are in different industries, though, you will need to differentiate your business name from that of the other company, usually done by adding some industry specific phrase to the end of your company name...such as Fortis Lawn Care vs. Fortis Healthcare.