I'm Very Upset!!! I Don't Know What I Should Do...
Business By mnmmommy Updated 27 Oct 2006 , 5:00pm by DianaMarieMTV
Well, I've had my biz name for some time now and just got my website up and going. I chose Serendipity Cakes. I checked to if it was available for a website and it was. I was so happy.
The other day I did a google search and a couple other businesses came up with serendipity in their name. There was a Serendipity Baking Co(she does cake and such in Ca), Serendipity Bakery(also cakes in Ga) and Serendipity 3(an ice cream and food place in NYC). So, I looked at the website for Serendipity Baking Co and it said that they were going thru a name change but it was not by their choice. That peaked my interest so I called her and she said that a company back east that she wasn't allowed to name(don't know why, anyone would be able to figure it out) was making her change the name. Apparently she's had the name for awhile and nothing has ever come of it but she said she has recently gotten national attention. She said she thought I could probably keep it without any problem as long as a stayed off the radar .
I was thinking if I kept the name what would happen when I finally make it on the Food Network, then they would make me change my name . I'm just kidding but I think since I just started it would probably be easier to do it now, rather than later.
Would you change it or leave it until you have to change it. I'm so sad. I've gotten great responses from people that I've given my card to about the name .
I understand they have a copyright/trademark on the name. They had it first. I'm not saying that's not fair, I'm just saying I liked it and now I have to start all over again.
Farewell Serendipity Cakes?.
I know, it sucks. A steak place in a super small town not too far from me had the name "Golden Nugget". The Vegas place made them change it. And this tiny little mom & pop shop wasn't even close to being a 'national' name. Don't know how the Vegas people even knew they existed.
If you're going to have a website, I'd probably change it. If the the NY people are going after the CA gal, they'd likely come after you. Just because they haven't gone after the GA person, doesn't mean they won't.
Sorry you're having to deal with this.
Instead of Serendipity, how about Temerity?
Better knowing now than when you are famous.....anyway, we know the artist by their names not their bakeries - right? Mike, Duff, Bronwen, Collette, Debbie Brown, etc......
Edited to add: Instead of Serendipity how about: Chance, Fate, Destiny, Karma, Providence, Luck, Kismet, or Fortune
that stinks I totally loved that name..........oh well, I think it's definitely better to change now than later when everyone is familair with the name! back to the drawing board.
that really does stink.....but I would probably change the name now..... sorry you are so bummed..it does sound like a cool name....but hey there are so many creative folks on this website I am sure they can help you come up with another one you love!
Theres a type of ice cream shop in New York called Serendipitys, its pretty famous for its frozen hot chocolate. There was even a move called Serendipity with John Cusak, that cameoed the shop. They might be the ones objecting the name use, they've been around for some time.
Could you do a different form of the name such as SERENDIPITOUS CAKES? It isn't the exact same word so I would think they can't copyright all forms of it . . . and I still like the sound of it.
As far as the domain name or biz name?
I went to sunbiz.org for Florida to register the name and then to yahoo.com for the domain name.
I guess it's a good thing I found out about this now. Thanks for everyone's support. I was just feeling pretty bummed.
Anyone have any other suggestions???? Do you thinks Serendipituous is too hard to spell?
I guess both....I know you can go online with your state to check to see if a name you are wanting to use is taken...........I'm not sure on where you check for other states.
the second way you spelled it is right . . . it isn't as easy of a word as serendipity. I just thought it might be a way to get around the problem and still keep the name to some extent.
How about Serenity, not quite Serendipity, but similar. Janice
Another one I ran across, Seraphim (a winged celestial being)
I think I even spelt it wrong....serendipitous...is that right?
How about "It's Seredipity Cakes"
"Simply Serendipitous"
Cakes by _______
or, going with tiptop's ideas, how about "Destined for Sweetness"
Serendipitous is a mouth full and probably very hard to spell for a majority of the nation.
Think of it this way, all newspapers across the country try to write to an 8th grader audience......I'm not sure the majority of 8th graders would understand serendipitous.
Then think of your name this way also, most movie and book titles seem to stay at the three word or less title......it's easier to remember - just my 2 cents
I don't understand....they cornered the market on the word 'Serendipity'??? So no one can use that word at all in their name? That seems a bit excessive...... what are the rules...I don't get it.
Hmm, interesting. Who ever is making them change the name must have their name Trademarked. If that's the case, they have certain rights to that name and if anyone tries to register their business with a name that is similar, in the same trade, then the Patent Office can claim that it is 'confusingly close' or 'familiar' so they can turn it down. It gets tricky, really. I think I'd just try to come up with a new name - even though it was cute!
However, if whoever handles their trademark gets lazy or sloppy and forgets to renew the trademark, you can snatch it up!! LOL.
Tina
I would check out this site to find out more about the actual laws regarding name trademarks. Registering a name is usually a state or county action, and unless they are trademarked, it may not matter if you use the name. I'm not a pro, but I would look more into this before you change your name.
http://www.nolo.com/article.cfm/objectID/ABBA18E9-2430-462F-8FF2768441FDEAC4/310/274/FAQ/
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