This section of the forum is for discussing the business and finance issues of the t-shirt industry. Which business structure to use (sole proprietor, LLC, S Corp, etc), how to handle billing, where to register your business and get the proper licensing, etc.
Ok, so I just found out that the name I decided on for my T-shirt company is being used I another country. Does that mean that I can't use it here in the states. I assume it does...
Ok, so I just found out that the name I decided on for my T-shirt company is being used I another country. Does that mean that I can't use it here in the states. I assume it does...
If they don't have a US trademark, you're in the clear. Depending on the other country you may or may not want to though. And if you both try to claim a US trademark at some later time it could get complicated. It really depends on the specifics; if you've got your heart set on the name, you might want to consult a lawyer (they won't take long to advise you, so relatively speaking it won't cost much).
Just my two cents. You might also consider using your name as a d/b/a if you find it too difficult to get your's trademarked. Trademark registration is a lengthy process and is also costly and time consuming. You need to have proof the name(s) are and have been used actively in commerce on and before the date of filing for the trademark, pictures, proof, etc. You can file and receive a d/b/a in a day in most states. Just a thought. You want a lawyer to file and help you with a trademark application, it can and usually does hit some bumps and it is less expensive to start with a lawyer doing it than taking a stack of paperwork in later and paying him to read it all and get up to speed to help you.
Company name taken in another country... 
