Yes, you are if someone has registered the name for a business in the same category as yours. If the name is the same and the category is different, you are not liable. To give an example, if your computer company is called Simple Solutions and it is not under federal trademark, you are not liable if the owner of a dress shop has Simple Solutions under federal trademark. On the other hand, if your company sells dress patterns and fashions, you are liable for a lawsuit. My advice is to research the name of your company before you start your business, no matter how small a business it is at the beginning.

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