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DBA name

Discussion:
What is the name of your state? Fl
I have been a Quickbooks Accounting software trainer for the past 12 years. I have operated as a sole prop. and am ready to setup a new corporation which will reflect part of my old name**************.. initials API. My question is in regard to potentially using a DBA name "Quickbooks Experts of Tampa Bay". Do you think I could use the name Quickbooks in this fashion since I am not incorporating that part. Their website is I do not want to infringe on the company in any way and want to do what is right. Thanks..
Al
Answer:
Do you think I could use the name Quickbooks in this fashion since I am not incorporating that part. Whether or not you are infringing on Quickbook's trademark has nothing to do with whether or not you incorporate using the name or DBA using the name. However, using the term "Quickbooks" as you describe in your potential DBA name would most likely draw attention from the trademark holder -- whether or not the use is infringing depends on all of the facts of your situation. Just from the facts you've given, the DBA useage would likely be found to be an infringing use in court -- if you really want to use that name, first check with Quickbooks to see if they have a "trademark useage policy" which outlines acceptable use of their trademarks by others; if they don't, or if your useage is in their policy, talk with a local lawyer experienced in trademarks to determine a best course of action that minimizes your liability.
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