Using a trademarked word in a name?

[orangeena]

What is the name of your state (only U.S. law)? Ohio

I want to use a word that is very common, but is a trademarked by a big brand. (Creamsicle, trademarked by Popsicle.) I'm starting a catering company and would like to use this name. I've googled and found a few other businesses using it as part of their name. I also found tons of business using it to describe their products--everything from cupcakes to fabric swatches, but I'm having a hard time finding out for sure if I can create the business name Creamsicle Catering. The last thing I want to do is start building a local brand, only to have to change names down the line...

Anyone know if this is allowed?

 

[FlyingRon]

Someone having a trademark isn't going to stop you from naming your business that. What they will likely do is enjoin your use of it as a trademark (i.e., in commerce). Creamsicle, Popsicle, and Fudgsicle are all registered marks and while often abused (like Jell-O and Kleanex ) or used in a generic fashion, I'd not risk investing a lot into the use of something which is almost guaranteed to be infringing. First off, there is likelihood of confusion if you name your food business after a food product. Further, even if you were selling orange t-shirts they could argue dilution of their rather famous mark.

 

[ecmst12]

I'd stay away from "orangeena catering" too...

 

[orangeena]

Thanks for the advice.

And I wasn't even considering using orangeena...