Is there a way to check if my business name is already taken or copyrighted? Also, if there is a business name that is copyrighted.. for example: Lime Junk Can you still copyright Lime-junk (note the dash) And still be okay? Or is this still copyrighted to Lime Junk Thanks
You are talking about a Trademark. You can check the USPTO site, but that will only show registered marks - and since the US recognizes common law trademarks, you would need to make sure no one else used the name, and is continuing to use the name, for the same or similar product or service. A search can run several hundred dollars and still isn't a guarantee there is no prior usage. The hyphen will NOT avoid trademark infringement. Even similar or foreign spellings can be infringement. You could start by searching for prior usage of the name using google. If you find someone else already using the term, it is a potential red flag. The best course would be to consult an intellectual property rights attorney. Trademarks are granted by classification (i.e. Apple can have rights to the mark for computers, but perhaps not for a business selling perfume.)
I just googled it up and there are some.. using it. There's one main one I'm concerned with (they're a software group, not a popular one) and another user who has a network of sites... (I'm assuming his last name is the same as mine) The word is just my last name with the word network to it.. What should I do? I've already started branding this name
You do not have a right to use your own name if the usage is conflicting with a trademark i.e. if your last name was "Apple" or "Dell" you can't use it to sell computers. You could use it to sell a non-conflicting product like perfume (assuming there isn't an apple perfume). Trademarks are granted by classification - and there are over 40. One trademark for "Lime-Junk" might apply to jewelry, another person might own the rights to use "Lime-Junk" as a household cleaner. If you are using the name in a way that is similar with the other company or in an overlapping sector - then you are probably infringing. No one can predict if they will sue you - but you assume that risk. If this is a mark you are going to put a lot of time/money into - or don't want to risk being sued - I would suggest finding an intellectual property rights attorney to consult with. There are black & white areas in trademark law, but also a lot of grey areas. No one is going to be able to give you a good answer without spending some time researching the exact name - and also having a tradename search done (looks for any other prior usage). A good search will likely run a couple of hundred dollars.
Thanks for the information. Well my name is for a website, network of sites, graphics design, marketing. The other one that is using the name is a software company for children, is this considered as a different classification or no?
The usage sounds different, but that doesn't mean you won't get sued by someone who "thinks" you are trying to trade upon the goodwill they have established. I know you want a yes or no answer, but even an attorney would likely need to qualify their answer. How unique and how well-known the company/mark is also comes into play i.e. even if Microsoft doesn't sell mousepads, they would certainly sue someone who tried to market one.
It's not a common company at all.. they have a few sites listed on google and don't even have a homepage for the company (I think it's a subname for a larger group?). May I PM you the name for advice please I really appreciate your help
Right, Thanks anyways, I've solved the problem because I'm going to stop "branding" the name.. and switching it over to a completely new name (which is available, I checked this time )
Try these sites to find further information on both copyrighted and trademarked names: www.copyright.gov/records www.mycorporation.com/trademarks/onlinesearch.htm By the way, I really like your avatar
Thanks (for both ) I'm going to keep these links bookmarked so I can check everytime I start a new site (don't want to run into more problems in the future!)