There is a company in Florida that has trademark the words spartie, sparties, and sparty. Their business is called Sparties. They offer salon and spa serivces. Can I use the word sparties in conjunction with another word in my California business name? We offer similar services.
Even if the California Secretary of State permits you to file the name for your business entity, it is a very bad idea. Trademark coverage is national. One day if the Florida owner discovers your use in California, or decides to franchise or license into California they may demand you change your name and advertising. It will be more expensive then as opposed to picking something original now.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
It sounds like the terms is a telescoped word joining SPA and PARTY (or the plural) together as a single word. If they have registered it as you say, then they are entitled to a presumption of ownership and validity under the law (you would bear the burden of proving otherwise - one of the many advantages of registering your trademarks).
The test for trademark infringement then essentially boils down to the issue of whether consumers will be confused into thinking that there is some affiliation, authorization, sponsorship, etc. between two entitites. There are numerous factors that go into making this determination, so to fully answer your question any lawyer on this site would need to do a more complete analysis. For example, you would need to do a complete trademark search to determine if the word is so diluted by common usage that consumers are conditioned to seeing it and do not rely on that term alone in making decisions. They would need to know how well-known this other party truly is. They would need to know the other words you plan to use.
In the end, I am skeptical of the possiblity here. The term sounds pretty creative/distinctive, may not be used very prevalently, and unless you come up with a really distinctive second term that completely changes the perception such that consumers wouldn't think there was some affiliation, then it is definitely a no go. Unfortunately, I think the answer is probably no, but can't really be diagnosed without a full analysis. You really should consult with a qualified intellectual property attorney before you proceed.
Best of luck.
If the Florida company has a federal trademark registration for "Sparties" (which has nationwide effect), then your proposed use of Sparties in combination with another word is problematic. Before embarking on this course of action, you need to consult with a trademark attorney who can review the relevant trademark registration(s) and the specific mark that you intend to use, and help you assess the risk of proceeding. Good luck.
This answer is for informational purposes only. It is not intended as specific legal advice regarding your question. The answer could be different if all of the facts were known. This answer does not establish an attorney-client relationship.
I would need more information before I could begin to advise you. But the fact that you use a trademark with another word does not, without a lot more, protect you from allegations of trademark infringement. The main issue is whether there is a likelihood of consumer confusion---if so then you have a problem. Dozens of factors are considered by courts when analyzing the likelihood of confusion issue---such as whether the two companies compete in the same geographic area, whether they compete for the same customers or class of customers, whether they provide the same services, whether they sell services or products via the internet (and thereby probably compete with each other), and numerous other such factors. Now let's be practical---if there is any risk that you might be sued for trademark infringement, you probably should avoid the risk---trademark law suits are expensive to defend---think hundreds of thousands of even millions of dollars in legal fees. Is it really worth assuming the risk that you will need to defend such a law suit?
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