Does anyone know where to find this info? I have a few names that I like, but want to make sure they aren't trademarked before I try to use one!
Hhhmmmmm.........not sure. Did you check google? Maybe call a few trademark lawyers' office; they can steer you in the right direction.
This is what we did (in Canada, probably similar in US also).
We went to city hall to register our business name, paid a fee and they searched for other businessess in our province with the same name. I think it costs a lot more if you do a nationwide search. They found one baby clothing shop, I think, but as long as we put "Bakeshoppe" into our official registered name, we could use that same name. You should have a few other choices, though, in case you absolutely can't use the one you want - sometimes you can use it if you make it more specific - instead of Kerri's, for example, you might have to call yourself Kerri's Gourmet Cakeshop.
The fee in Canada was about $70 cdn for registering the name only, not a business license, etc.
Hope this helps. Good luck.
I did this recently for my private practice. In Maryland, first you ahve to do a search yourself to see if ther are any companies or organizatiosn with that name. My local "authorities" suggested that I look through yellow pages, local related resources, and the internet, etc.
then, if you think that there isn't anything that would interfere, then you can submit it to the trademark/copyright office. There is a fee when you send in the request, and if they do a search and find one too similar then they won't approve it.
good luck!
Well, I searched, and the name I really wanted didn't come up as trademarked or service marked! I guess the next step is getting m license!
I live in Canada too and went to the goverment agent office and paid $35 to have a search done and was accepted on my second choice then paid $40 to register it. Once I did that then I could get my business licience for $100. But I had to find a kitchen and get the health inspector to see it once that was done they sent me my licience.
jen1977, can you send me a Marion's pizza? PLEASE! And I'll take some Mike Sells too! Don't forget to register your domain name, just in case you need or want a website in the future.
bikegal...I live about 3 minutes from a Marion's, but I'm really not too fond of it. I'm not originally from this area, so maybe that's why I don't like it much. I'm not a big fan of Mike Sells chips either...I actually prefer Lay's! Esther Price Candy...nope, I'd rather have Brach's! People around here can't believe I don't like it! The only way I like Mike Sells chips is if they are dipped in Esther Price chocolate, but they are expensive! About $10 for a box. Can you think of anything worse for you than chips dipped in chocolate, LOL. How many bags of Mike Sells do you want me to send you?
I lived in Ohio for 12 yrs. and am moving back soon.......and I've never heard of any of these things LOL!!!! Guess I was in the wrong part of Ohio!
jen1977, I've had the Sells dipped in chocolate. Talk about cardiac arrest! My husband grew up in Dayton so we come back to visit about once a month. We're just a 4 hour drive away. I love Godiva myself but I won't turn away a box of Ester Price. I just can't say no to chocolate.
KHalstead...I'm in the Dayton area, and Marion's is a local piza place that everyone except ME seems to love! It's thin crust, and they cut it in little squares. You have to eat about 20 of them before you're full. Mike Sells is s brand of potato chips that is made here locally, and Esther Price is a brand of chocolates that are made here locally.
Does anyone know where to find this info? I have a few names that I like, but want to make sure they aren't trademarked before I try to use one!
Here is the info for Ohio:
http://www.sos.state.oh.us/sos/businessservices/corp.aspx?Section=102
There is a link on that page to "Search Database" for all business names registered in the state.
Each Secretary of state website for all states should have a similar search on thier website.
Well, I searched, and the name I really wanted didn't come up as trademarked or service marked! I guess the next step is getting m license!
just because it it not trademarked (TM) or service marked (SM) does NOT mean it is already in use.
Not all, in fact many, business never go to trouble to get a TM or SM.
they could still sue you based on the concept of "prior use."
in fact "prior use" is one of the criteria used to decide you gets to do the SM or TM for a particular name.
that is why people are advised to do a thorough search of telephone books, etc. to see if it is in use. This of course is problematic if you are trying to get a SM or TM for the entire country. Even the fed. gov. site says that their online search is not the final authority and that they will have to do a far more extensive search to verify that the name is available.
Does anyone know where to find this info? I have a few names that I like, but want to make sure they aren't trademarked before I try to use one!
Here is the info for Ohio:
http://www.sos.state.oh.us/sos/businessservices/corp.aspx?Section=102
There is a link on that page to "Search Database" for all business names registered in the state.
Each Secretary of state website for all states should have a similar search on thier website.
Thanks for this info, Jackie! I'm in Alabama, but didn't realize the SOS is another place to search for your business name to see if it's already in use....really appreciate this! There's no trademark or servicemark on my name (one old one, but it's dead...and it was for a doughnut company...lol) but I'm currently doing all the searches required so that I can obtain the trademark. This will be a HUGE help!!
Thanks Jackie! The name I want to use is available, and hasn't been used, at least in the state of Ohio!
You're welcome!
Just to help everyone else out I published an article that has links to the Secretary of State websites and company name searches for all 50 states:
http://cakecentral.com/article57-Wanting-to-start-a-Cake-Decorating-Business-but-where-do-I-begin.html
If any of our Canadian members out there have similar info could you please send it to me? I can add another similar article with info for Canadians.
KHalstead...I'm in the Dayton area, and Marion's is a local piza place that everyone except ME seems to love! It's thin crust, and they cut it in little squares. You have to eat about 20 of them before you're full. Mike Sells is s brand of potato chips that is made here locally, and Esther Price is a brand of chocolates that are made here locally.
yeah, I was and soon will be again in a small town in the Northeastern Corner, right on lake erie and the Pa. border. I have heard of Esther Price candy though...didn't realize it was an Ohio thing though!!!! too funny about the pizza.......guess it's good for people who want 20 pieces of pizza huh??? LOL
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