Discussion:
What is the name of your state? California.
I would like to use a phrase that someone else has thought up and put out into the world as a company name. They are NOT using it as a company name or a trademark. It is a made up combo word which is the name of a song and has been in distribution for years. Can I?
It doesn't fall into any of the categories specifically though i'm not sure about the "implying an association" restriction.
The example would be this: A band has a song called "blingbox tortise." It was released as a CD. I think years later, "I would like to use "blingbox" for an entertainment company name.
Is this illegal?
Thanks very much in advance.
Answer:
Ifnobody else is using the name and there is not a registered trademark then it should be okay to use. You could check the USPTO website to see if anyone has a registered trademark on the phrase; if it's not registered it may still be in use, but if it is not being used in your locale, you should be okay. As always, it is usually prudent to speak with an attorney before spending a lot of money on something like this...