Patent Attorney and Founder
I found a name I like for my media company, but there’s a catch—a sunglass brand has a trademark on it. However, the name itself isn’t the company’s name. It’s just a product they sell. So, could I still use the name if I add “Media” to the end?
In theory, yes—but it depends on how unique their name is. If they completely invented the word, meaning it’s not a real English word or a common phrase, their trademark protection might extend beyond sunglasses. In that case, they could argue that your media company’s name is too close for comfort, even if you’re in a different industry.
Take “Xerox” or “Kodak”—both are made-up words, and their trademarks cover a broad range of uses. If this sunglass company’s name is just as distinctive, you might run into issues.
On the other hand, if it’s a more generic name, you’d likely be fine—unless your media company works closely with the eyewear industry. If you do a lot of marketing for sunglasses brands, for example, things could get murky.
Bottom line? A trademark lawyer should take a look before you move forward.