Can Spangler candy company sue me?

They certainly could. By why would they?

Your personal surname identifies you. It is not, by itself a trademark. When you USE it as a trademark on goods or services (in the USA), you then may have a right to prevent others from using the "same" brand in related markets.

Theirs is not only a trademark, it is also registered, meaning it has also acquired a distinctiveness as a brand of goods in that field. It is registered in Class 030, which specifically includes coffee, pastries and confections (i.e., candy). There may be numerous ways to deal with any hint of overlap or "confusion" in your market.

If they are even slightly intelligent, they would obtain legal counsel to evaluate their options and the associated costs and risks. For instance, the test of "trademark infringement" is whether your use would create a "likelihood of confusion" in the markets for your respective goods or services. There are more than ten typical factors that would need to be evaluated, including any differences between your brand and theirs, differences among the goods or services, differences of location, market, sophistication of customers, etc.

Bottom line, there are trademark lawyers who get paid a lot of money to look at issues like these and help manage the risks.

Your attorneys will evaluate the potential conflict and let you know how you should best proceed.

Every case is different.

Consider that MCDONALDS is a registered trademark for a plumbing and cooling supply company, yet that didn't prevent a "restaurant services" company from later using and registering the identical brand.

Whether it's your last name or not doesn't really matter. What matters is whether or not your average Joe on the street could (that's *could* not would) confuse your business as being associated with theirs.

If you were careful to use a different color scheme than what they use and avoid selling sweets, you might be able to get away with it.

(adding an apostrophe or spelling the name slightly differently doesn't count for anything either)

I wouldn't think so. It's not like you're opening a candy shop, it's a coffee shop and it is your name after all.

you would actually need to consult with a lawyer and find out exactly how copy righted that they have that name. It's very possible with you adding the 's you could be alright, but it's better to play it safe than sorry.

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