I wanted to incorporate in the name everythong I do: cakes, cookies, pies, etc. and I've seen how some times the word ending -ama kindda means that, so I started thinking and ended up with Reposterama, because cookies and confections are called resposteria in Spanish, hence:
Reposter - ama
We are aggrevated by how so many places try to convince brides that they have to spend a fortune to have a nice reception. Amost by accident, we were talking about "you don't have to cater something expense for it to be nice. It can be a simple event and still be elegant."
From conversation came our tagline and name: You Don't Have to Cater It Expensive..... you can Cater it Simple!"
When my shop gets built, hopefully later this summer, I want to call it "Chuck's Custom Cakes" in honor of my Daddy who pasted away 2 years ago May 13th. If it had not been for him I would not have pursued a dream. My husband would rather I call it "Margaret's Custom Cakes" though and somehow incorporate my Dad into my work - his initials placed at the corner of the cake board, very small, for example.
Well, we call my daughter Princess Pea, and our last name begins with P, so I wanted to incorporate that. My first fancy cake was a beehive, so I wanted something with bees. We've also used bees as our homeschool mascot, and my maiden name begins with a B. Since She's the princess, I'm the queen. So, Queen Bee & Princess Pea. DD loves being included in the name, and it makes her more willing to let me work. Since we homeschool, that's quite important. 
We've gotten comments that people like the name, especially since we just started, and we mostly make cakes for people that know us both.
I was talking to my DH who happened to make a joke about the fact that whenever I bake and make cookies, we cant seem to keep any in the jar and I make such a BIG deal over it so my Cookie business is called Out of the Jar Cookie Productions, I also dabble in gourmet desserts for a few catering companies and I LOVE to fill my desserts so my dessert company is called The Sweet Stuffed Company. I was doing candied flowers, but was not getting a big enough draw for that but that was called Le Flor de Doce Portuguesse for the candy flower. I am a lady with MANY hats and ALOT of time on her hands...LOL!!!
Mine was the result of a collaboration among my sister, brother-in-law, brother, sister-in-law, 2 cousins and their wives. We were on a family cruise and during one of our visits to the many on-ship bars, the brainstorming began.
I still have the paper with all the ideas written on it:
Cake it Up
For Goodness Cakes
Super Cakes
Cake it Don't Break it
Three Sweets to the Wind (my personal favorite among non-winners)
Down by the Cake
Cake Superior
Cake it to the Limit
Cake it Easy
Cake, Rattle and Roll
Cakey, Breaky Heart
Cake it Happen
Cake in the Grass
Eat-me Cakes
Land-o-Cakes
Baby-Cakes
Naked Cakes
Cake-off you Hoser
Have it and Eat it 2
Cake My Wife Please
Cake, the Other 4 Letter Word
Cake-E-Out of me
And the winning idea.... Cake Diane
Man, that was a fun cruise!
Wow, Diane!! Quite the list and all of them are really good!
Nobody even knows what my name means 
Yeah Diane, no kidding!! I'm having to educate a bit here!
For Goodness Cakes
This name is federally trademark and another baker made the mistake of using this name by not making sure it was available and now is being sued by the rightful owner. I highly suggest that people choose a name that is unique and search the federal databases to make sure a name is not federally trademark before pursuing a name.
I just found out today after just recently discussing with my Fiance and coming up with our name - Emily Frost Treats & Sweats, that my Great Grandmothers name was Emily Frost, how freaky is that. I knew my middle name which is Emily came from her but I had no Idea her last name was Frost.
I just found out today after just recently discussing with my Fiance and coming up with our name - Emily Frost Treats & Sweats, that my Great Grandmothers name was Emily Frost, how freaky is that. I knew my middle name which is Emily came from her but I had no Idea her last name was Frost.
That's cool!
I made a list of names, then listed the 'image' that each name provoked in my mind. That made it easy to cross off some of the names that I liked but were too 'cutesie' to be taken seriously. I ended up with Costa Confections, since Costa is my last name. I'm having to educate people that confections is not exclusively candy (which I don't do), but it's the name I've been using for 2 years, so I don't want to change it now.
I was told by the Virginia Corporation Commission that if you are not incorporated (Sole Proprietorship, Partnership, etc.) that you can name your biz what you wanted and didn't have to search. But can someone still come after you and sue?? I'm just working on starting my small home-based biz and pretty sure I have a name, but want to make sure I won't get sued! I was thinking Country Confections, cause we are DEFINATELY out in the country!
momsandraven, I am gonna probably use "confections" too, do people really think you just do candy? I was thinking people should think more along the lines of cakes and pastries....now I'm not so sure... 
jenbakes, I heard something similar but heard "if" the name of the biz includes your name (preferably last name) because the odds are slim there are two "Johnson Cakes" out there.
However, just because you are a sole proprietor doesn't mean you can use the name U-Haul or Cookies by Design. I would even be leary of using things like Cakes-R-Us without a legal name search because I've heard of companies going after folks who used even a deviation of a trademarked name.
If you do a simple internet search, there is a company called Country Confections in Washington PA and one in Acton California. Maybe it's ok if it's not in the same state???????
I dont' know .... that's what I pay my attorney for.
Thanks indydebi...this is what I had thought too, that you had to do a search and couldn't use names that had already been used. But when I called the corp. commision, they asked me what kind of corp I was and I said I was a sole proprietor and she said I don't even have to do the search. Hmmm....good ol' state of VA! 
I'm boring, so I just did "Cakes by *my first name*". I had no name issues registering it in two states, BUT:
Right across the local state line there is ANOTHER lady who has a cake shop/bakery, and her first name is the same as mine, AND she spells it with the same unusual spelling. Her shop name isn't name remotely similar to mine, so I don't see a problem, but I get brides fairly often calling and confusing me with her. It's a pain, and I had no idea she even existed until I went to the local bridal festival (she wasn't there) and people and vendors come up and say "Oh, we love your cakes, you just did so-and-so's wedding" or "we use you all the time", and it wasn't me....
Fortunately she has a great reputation, but still, it's a pain.
Our names are about this similar: My name is like "Cakes by Rachelle". Her shop is called *Rachelle's Something Sweet". Not at all the same thing. Not the same state. But I still get brides who call me from MY website, where my biz name is on every page, and on MY phone number, in a whole different ZIP CODE, who still think I'm her. duh. I'm always like, "Didn't the different zip code and completely different name give you a clue??"
I always wonder if it'll cause a problem, but so far it hasn't. I'm just very careful not to take any customers who expect they are dealing with her. If they think they're calling her, I send them back to her, period.
I wanted the name "Que Dulce!" (How Sweet! in Spanish). However, when my sister and I were registering it, we were told that we cannot have that name because it sounds like a person's name (that is the most ridiculous thing I've ever heard!! Would you have thought that Que Dulce!, yes, with the exclamation point, is a person's name?!!! Does it sound like a name of anyone you know?!!! 
<breathe, must remember to breathe>
. And since neither of us is named Que Dulce! we had to choose another name on the spot. So, I chose Dulcero, which means sweet-toothed in Italian.
Interesting point sugarlove.
Where would I go to see if a name is already taken? Is the regulation within a certain guideline (i.e.: state, county, etc.)? What if it is just a local shop? Trying to get a shop opened and didn't even think of this!!
If a name is federally trademark then no one else other than the rightful owner is allow to use the name (trademark) unless of course they want to pay costly legal fees and risk losing a law suit for doing so. When a name is federally trademarked that name can't be used by anyone else in any state or county within the jurisdiction of the federal courts...that means no where within the US unless it is trademarked in other countries too then you have to have top dollars for that but that isn't a problem for company's like McDonalds, Walmart, or Coca Cola.
If it is trademarked at the state level then no one else within that state can use the the trademarked name. For the most protection is best to trademark at the federal level because some people think it okay to use a name just as long as the name is not used in the their state but could very well be used by another company located in another state... I have hired an attorney and am in the process of trademarking my company's name "sugarlove" as a wordmark and trademark as well as other variations of the name and tagline.
You can do a search here at the US Trademark and Patent Office:
http://tess2.uspto.gov/bin/gate.exe?f=tess&state=qjapat.1.1
There are a lot of things to be considered when searching for trademark availability. Your attorney or trademark service will do a more extensive search to make sure no other trademarks or company's conflict with the trademark you are attempting to register.
The link above is a good start when searching for name availability and reduce the risk of using another's trademark.
I just also read a newspaper article somewhere about a couple of ladies who opened a hair salon called "Pro Cuts" and were almost immediately forced to change their name by threatened legal action from...Super Cuts, of all people, because it was even remotely similar. So you do need to be careful.
I was told by the Virginia Corporation Commission that if you are not incorporated (Sole Proprietorship, Partnership, etc.) that you can name your biz what you wanted and didn't have to search. But can someone still come after you and sue?? I'm just working on starting my small home-based biz and pretty sure I have a name, but want to make sure I won't get sued! I was thinking Country Confections, cause we are DEFINATELY out in the country!
Since they are not allowed to give out legal advice and that statement would in IMHO constitute giving legal advice and might I add incorrect legal advice. Just because a person choose not to incorporate a business do not give them the right to use someones trademark.
Also, IMO a sole proprietor is the riskiest business entity to have because the liability of the proprietor and their personal assets such as home, car, savings,etc... are on the line because if that proprietors business is sued then anyone can come after the business assets as wells as the proprietors personal assets because they are considered one in the same. If you follow the advice of the VCC and use a name that was trademarked even though you may not have known it was trademarked because you didn't conduct your own due diligence to ensure it was safe to use the name. You'll have yourself involved in a costly legal battle with everything on the line.
What the VCC should have done was advised you to consult with an attorney on the matter. There are several attorneys out there that does offer fee legal advice so that's no excuse.
Maybe it's ok if it's not in the same state???????
I dont' know .... that's what I pay my attorney for.
It's not okay if the name is federally trademarked and sometimes it's not listed on the their website but attorneys and trademark services have access to databases not available to the public so that the only way to know for sure or just use at your own risk and what to see if you'll receive a cease and decease letter in the mail and tacked to your door. Company's do pay to have their trademarks monitored for violation.
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