Can I use this as my business name if it already exists somewhere else? -

I am starting a business from home where I ll be catering, making cakes, and other pastries. I want to name my business peace of cake with the peace sign as my logo. I googled this business name and there are a few other bakeries with this name but in other states. I also did the trademark search to see if it was a trademarked name, and it says that it s trademarked by a clothing company in New York. So, could I still use this name for my business name?

The clothing company wouldn t necessarily be an issue but the following mark might be: http://tarr.uspto.gov/servlet/tarr?regse��Determining if marks infringe can be tricky and each situation varies from another.The general rules to keep in mind are:1) Are the names similar in Sound, Appearance or Meaning?2) Are the industries the same or similar to one another?3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?4) Do the trade areas cross? What about the advertising routes -- are the products/services advertised in common places?Here s what the USPTO has to say about this matter: The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:the similarity of the marks; and the commercial relationship between the goods and/or services listed in the application. To find a conflict, the marks do not have to be identical, and the goods and/or services do not have to be the same. It may be enough that the marks are similar and the goods and/or services related. It s best to contact a private search company or a trademark attorney to assist you in determining if this will be a problem or not.Hope that helps! I wish you much success happiness in all your ventures!

It sounds like you answered your own question with your question.You want to start a company with a name that is already trademarked and is being used by several other baking companies.Maybe you should pick a different name or you are just setting yourself up for major problems down the road. Each one of the companies does have the right to take you to court. The baking companies because they are already established and in the same industry as you. The clothing company also because they have the name trademarked.

As long as you keep your business as a DBA. If you ever try to incorporate your business they will do a name search and require your INC to have a different name. However you could do POC Inc Doing Bus. As Peace of Cake

yes because the other name is of a clothing company n your business is entirely different. this is as per indian law

You risk getting into trouble so avoid it.http://peaceofcake.comMaybe adding a to make a peace of cake http://apeaceofcake.com