How to determine a "dead" business name?

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CraigL

posts: 9051

Aug 14, 2008 4:14 PM ET Quote Report Abuse

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What`s the best way to find out if a previously used business name is now available? Not just a domain name....an actual business name that may have been owned in some way, like trademarked or copyrighted or something else.

Is there a fairly quick way that would be reliable enough to warrant investing whatever money it would take to accomplish the first suggestion(s)?

DefMall

posts: 99

Aug 14, 2008 4:49 PM ET Quote Report Abuse

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Are those businesses registered Nationally as well as locally?
When I incorporated, I incorporated in New Jersey...but I believe there is the ability to search records from a National database as well.

Are you on to a new, cool venture that needs a potentially taken name...? :)

CraigL

posts: 9051

Aug 14, 2008 6:50 PM ET Quote Report Abuse

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I don`t have details; it`s my daughter asking the question. My own thought is that if a name is trademarked, the mark applies nationally...perhaps globally. But as I thought about it, I realized I`m not at all sure.

We`ve had lots of discussions about unique domain names, but those are managed by computers. There`ve been discussions about a URL and company name that`s very similar to other names. One that comes to mind is McDonald`s hamburgers versus McDonald`s Quick Foods, for example.

But take, for example, the Edsel company. Suppose my last name happened to be Edsel and I wanted to start a company that sells laundry baskets. What happens if I call the new company, "Edsel?" How do I know if I can or can`t use the name?

kywomanjt

posts: 64

Aug 14, 2008 11:07 PM ET Quote Report Abuse

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Craig, years ago when I was doing research on starting a business, the first thing I came upon was to register your company name; not only with your state, but nationally, and that way your business name would be protected. Believe it or not, I found my notes I had taken at that time.

What is a trademark or servicemark?
A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks.

What is the difference between the notations TM or SM and the ®?
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

You can do a free search at Small business - Trademark Registration - Conduct a Trademark Search for Regis click on (Trademark Electronic Search System - TESS)

TESS contains more than 4 million pending, registered and dead federal trademarks.

Juanita

DeenaEsq

posts: 40

Aug 15, 2008 9:20 AM ET Quote Report Abuse

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Craig,

The answer to your question is that if your last name is Edsel and you want to sell laundry baskets, you`re fine. In fact, if your name is Ford and you want to sell laundry baskets, you`re fine. Trademark validity depends on what class (or business area) you`re using the mark in.

Look at Apple Computers and Apple Records. No problem.

Now if your name was Edsel and you wanted to start making cars, you`d have to check if the Edsel mark is still a "live" mark.

As to how you find out if a mark is live or dead, that`s simple. Go to the uspto.gov website and look it up on their TESS system, like Juanita said. It will tell you if a mark ever existed and, if it did, whether it`s live or dead. As far as using it as a business name, you`d have to check with your state to see if it`s in use.

Let me know if you have other questions.

Deena

______________________________________________

Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.

-------------------------

Deena B. Burgess, Esq.
www.ebusinesslawgroup.com
Offering Affordable Legal Solutions to Online Businesses
Check me out at Twitter and Linked In

CraigL

posts: 9051

Aug 15, 2008 4:59 PM ET Quote Report Abuse

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Juanita and Deena,
This is perfect! Thanks so much for both the notes, and the examples. I`ll forward a link to my daughter, and I think it answers all the questions. Also, the search links will help a great deal.

Thanks again,
craig

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