Introduction
I’m launching a business and want to include my hometown’s name into it. Because it’s a tiny town, there aren’t many other businesses with the same name as mine. But what about trademarking? Can I use anything that isn’t trademarked? Will the USPTO accept my trademark application ?
I’d like to start a company in my hometown, but I’m not sure whether I can.
You can lawfully use a city name in your brand name as long as it does not suggest any affiliation with the municipal administration. For example, “The New York Times” is acceptable since it is a separate company that is neither owned or linked with New York City.
However, if you sell items that refers to a specific city and conduct business within that city’s limits, you must obtain authorization from the local government. For example, if you wish to sell “Boston Rocks!” t-shirts while residing in Boston, you must first obtain permission from the mayor or other municipal officials.
The legality of using a city name as part of a business brand is determined by the specific circumstances. A business can use a city name as part of its brand for marketing purposes, but if the firm uses the city name to indicate that it has some relationship with the local government, it may be breaching trademark regulations.
Trademarks are used to protect the distinctive qualities of individual companies and goods from being reproduced by others, including rivals and imitators. This implies that you cannot, under any circumstances, use another company’s trademarks without their permission—and they have both legal rights to those trademarks and responsibilities for defending them against infringement.
The fact that another company has the same or a similar name does not mean you can’t use it.
You can use a city name in your brand name for marketing reasons as long as it does not indicate a relationship with the municipal administration. For example, if you own an independent coffee business with outlets in Baltimore, Maryland and Boston, Massachusetts, you may call yourself “Baltimore Coffee Company” and “Boston Coffee Company.” You’d need to include the term “Company” to let folks know there are no relationships between them and either of these cities. However, if someone said, “I’m going to grab some coffee at Baltimore Coffee Company,” “This would be deceptive since it indicates a relationship between your company and the Baltimore City Government.
To avoid confusion about what kinds of products or services you do (or don’t) offer within this city limits territory, where most people want quick answers without having to read through pages of legalese disclaimers first thing before making online purchases, consider using something like “Coffee Shop Based Out Of Baltimore” instead; which could also work well if somebody asks where their favourite store is located – just point out those locations by saying something like: Well, I’m sure my friend who owns one in Fells Point would appreciate hearing about all of these fantastic ideas!”
Trademark Qualifications
Also, just because someone begins calling themselves something does not imply they have always matched the qualifications required throughout their life – especially when certain things change, such as regulations governing enterprises functioning in specific regions (ie: New York City).
The United States Patent and Trademark Office (USPTO) requires you to demonstrate that your business name is distinctive, not infringing on another’s trademark, not confusingly similar to another’s trademark, not misleading, scandalous, or immoral, and does not degrade someone else or their goods. If someone else has the same or a similar name, the USPTO may reject your application unless you have a compelling cause for utilising that name.
City Names
Some firms want to incorporate their city names in their business names because they feel it offers them an advantage over other businesses in their cities that offer comparable products or services. However, this is false advertising because consumers may believe that your company offers something that it does not because of its location within the city limits where your business operates from when really all they need is something simple such as “in town” or “nearby” in order for people who are looking for trademark register services nearby where they live to feel secure enough just knowing where they live.
If you wish to use a city name as part of your business name and already have a presence in that location, you will be permitted to do so even if someone else has previously done so. However, if you live outside of the city and have commercial interests there, you must file a trademark application with the USPTO.
You may use any common or descriptive term or phrase in your brand name as long as it does not indicate a link with the local government. For example, if your firm makes organic soap and sells it at farmer’s markets in Seattle and Portland, it’s fine to use “Seattle Soap Company” or “Portland Soap Company” in marketing materials.
Conclusion
In conclusion, there isn’t much danger in naming a firm after a city if you already have a presence there. However, if you are outside of the city and do not have permission from local government authorities to use their name, you must file for a trademark and fulfil all other legal criteria before doing so.
