Checking To See If The Name You've Chosen Is Trademarked?
Business By golfgirl1227 Updated 17 May 2006 , 11:19am by Pootchi
Did anyone do this?
Just wondering because I know there are numerous companies out there with the same name (there are quite a few "Icing on the Cake" and "Piece of Cake" and things like that)- doesn't bother me if they aren't in the same area- but what if you choose a name that is similar to another one (not even close to the same area), but it's not the same?
Can you use a similar name as long as it's not exactly the same and be okay? I don't want to get sued over a name.
TIA!
BTW- the above mentioned names aren't what I'm considering, just some examples that I know there are multiples of!
when i look for names I go to the government page. This is only for names that are registered for the entire US so you will probably need to check with your state also.
http://www.uspto.gov/
If you get your name tradmarked through the government you submit your name and it is put out there for it to be debated. If it isn't contested then you usually get your name. If is really similiar then it depends on what name it is similiar too and how much that company has recognition across the U.S. or world. if they have high recognition then your name probably won't be approved.
When you trademark a name the exact name/logo is being trademarked. There are certain words/terms that can not be trademarked because of the common use of word. So you can not name your business "cakes" b/c it is to common of a word... kinda confusing sometimes.
http://www.uspto.gov/main/trademarks.htm this page of their website has some links about where to get started and what it takes to trademark a name with the government. I have not found a basic resource for state information so you will probably just need to call your government and find out the rules/regulations.
HTH and i hope i have answered some of your questions.
Leily
ok i was proven wrong. I was curious so i searched for "cakes" and low and behold there is a business called "Cake"
http://tess2.uspto.gov/bin/showfield?f=doc&state=af3jsi.2.10
However they also have an image with the word as you can see so in order for them to have "cake" trademarked it has to be shown with the image, they do not have the word cake trademarked. Hope this makes sense.
Leily
So can you just try to get your name in it's specific font with no images trademarked? I saw when looking on that site before that there are names in specific fonts that are listed.
The reason I ask is that I don't have any idea what I would do for a logo (images, etc) because I need someone to design that for me. I don't want to have to pay to have that done, try to get it trademarked and then it not be accepted and I'm out that money. Does that make sense? I mean, I don't want to get sued and want everything legal, but I'm trying to conserve money where possible!
Did anyone do this?
Just wondering because I know there are numerous companies out there with the same name (there are quite a few "Icing on the Cake" and "Piece of Cake" and things like that)- doesn't bother me if they aren't in the same area- but what if you choose a name that is similar to another one (not even close to the same area), but it's not the same?
Can you use a similar name as long as it's not exactly the same and be okay? I don't want to get sued over a name.
It really depends on a lot of things. Trademarking & tradenaming can be a tricky business. In AZ, a trademark or tradename isn't actualy required to prove ownership, if you can prove "use" then the name "belongs" to you and your usage holds up in court like any trademark law would.
You can't choose a name that is too close to a competitor (at least in your local area), whether that name looks like or even just sounds like one of their marks (or a name that they can prove usage).
If a competitor showed up in AZ using "Piece of Kake", "Pieces of Cake", or any other name that could be confusingly similar to our name, I am lucky to have a golf buddy that is a trademark/patent/copyright attorney, and he would be my first call. 
Basically when selecting a name, you have to make certain that nobody in your intended market is going to confuse you with another company in the market based solely upon your name.
If you don't have any local competitors with a similar name, and you don't plan on marketing on a national level, my attorney said you shouldn't be too concerned about using a name similar to a company on the other side of the country.
That said, you should definitely check with the state of MO. There is more info on their regulations here:
http://www.moga.mo.gov/statutes/C400-499/4170000011.HTM
This section of that page is basically what I was saying: (but in AZ, the mark doesn't need to be registered)
Prohibited marks.
(6) Consists of or comprises a mark which so resembles a mark registered in this state, or a mark or trade name previously used in this state by another and not abandoned, as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive.
Best of luck!
Kevin
Mine is not trademarked but registred. it's a provincial thing here in Canada. So anywhere in another Province someonee could call their company the same way. But not in the Province of Quebec. Canada and USA have different way to do things so I know I'm no help!!
Lorris
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