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Can I use "Hondasomething" as a company/business name and possible trademark?

Patents & Trademarks Discussion Forum

Can I use "Hondasomething" as a company/business name and possible trademark?

Postby said99 » Fri May 25, 2012 1:46 pm

Obviously I am asking because "Honda" is in the name but note it would be registered as a space inbetween honda and the other word. so basically I want a business name with honda in it but no spaces hoping this won't be illegal or causing conflict with honda's trademark? any help would be awsome. Also can we use a phrase with Honda in it but italicized (<--spelling?)or different font?
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Can I use "Hondasomething" as a company/business name and possible trademark?

Postby porter » Fri May 25, 2012 2:03 pm

You could try but I think you could get a letter asking you to not use their name or face legal issues.
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Can I use "Hondasomething" as a company/business name and possible trademark?

Postby madison86 » Fri May 25, 2012 2:11 pm

I am an attorney and practice trademark law fairly extensively. This is not legal advice and should not be construed to form an attorney-client relationship.

With that having been said, whether you could trademark hondasomething as a business name depends on the nature of your business. The criteria courts apply when determining if an existing trademark has been infringed upon is "what is the likelihood of confusion in the eye of the consumer." What that means is, is the average person going to confuse the source of goods?

As a practical application, trademarks/servicemarks are registered in one (or more) classes corresponding to the nature of the goods or services. Honda is registered in the car class and likely in other categories in which they operate and would want to keep others from using their name and logo. Think motorcycles, clothing (for promotional stuff), protective stuff for motocross racers and so forth.

Whether you would be able to register depends on what your company or business sells or does. If it's a plumbing company, you're probably in the clear. If you want to sell something more car (or motorcycle, etc) related, you'll likely run into some trouble.

The best advice I can give you is to contact an attorney who practices trademark law to discuss your needs in more depth. Trademark law can be complicated and an attorney will be able to help guide you through the process. Avoid attorneys who do not offer a free initial consultation.
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