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How To Pick A Name



 
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Old August 11th, 2007 Aug 11, 2007 10:48:32 AM -   #1 (permalink)
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Default How To Pick A Name

I have a list of potential names for my clothing line and i was just wondering if there is an easy way to find out if they are already being used. If they are being used, is there an easy way to find out if i can use the name for my company?
 
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Old August 11th, 2007 Aug 11, 2007 11:17:19 AM -   #2 (permalink)
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Default Re: How To Pick A Name

try this

Trademark Electronic Search System (TESS)
 
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Old August 12th, 2007 Aug 12, 2007 5:21:06 PM -   #3 (permalink)
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Default Re: How To Pick A Name

Quote:
Originally Posted by hiGH
try this

Trademark Electronic Search System (TESS)
I tried using this to check out different names, but all it did was confuse me. Is there a certain thing to search for? For example, I did a search for the name I wish to name my company, but it came back with a bunch of different stuff that I didnt see had anything to do with my wanted company name.
 
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Old August 12th, 2007 Aug 12, 2007 5:38:51 PM -   #4 (permalink)
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Default Re: How To Pick A Name

Quote:
Originally Posted by JustinB
I tried using this to check out different names, but all it did was confuse me. Is there a certain thing to search for? For example, I did a search for the name I wish to name my company, but it came back with a bunch of different stuff that I didnt see had anything to do with my wanted company name.
Tess is used for a general idea to see if something similar or identical is out there. Some TM's might be listed as "dead" meaning it is no longer in use, or "live." Even if you don't see your potential name on Tess, it doesn't mean 100% that it isn't in use, so you really don't know until you try registering for the trademark.
 
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Old August 12th, 2007 Aug 12, 2007 7:41:51 PM -   #5 (permalink)
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Default Re: How To Pick A Name

There are other factors in addition to trademark.

You will probably need to check with whatever authority handles fictitious names (also know as DBA, trade names, and others) in your locality (it's the county here) to see if the name is being used locally. If so, you've got a problem, even if there is no trademark. There may be options, but you would probably need to talk to an attorney.

Even if the trademark and fictitious name are clean, if the .com domain name is taken, it can cause problems. Google "whois search" to find out how to check.
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Old August 13th, 2007 Aug 13, 2007 12:04:07 AM -   #6 (permalink)
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Default Re: How To Pick A Name

I used the TESS and also used google, by putting the name in question inside " "s then searching then seeing if it was just a user on a forum or it not being used as business, I went through about 5 names before I finally got my name, and I came up with it by using a name the reflects me personally.
 
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Old August 13th, 2007 Aug 13, 2007 9:50:40 AM -   #7 (permalink)
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Default Re: How To Pick A Name

Quote:
Originally Posted by JustinB
For example, I did a search for the name I wish to name my company, but it came back with a bunch of different stuff that I didnt see had anything to do with my wanted company name.
If you search for the name you want to use and it comes up with results, that means that there are probably other companies out there with that name trademarks.

That could hurt you if you are trying to trademark your name.

Sometimes it matters if they are in the same industry, sometimes it doesn't.
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Old August 13th, 2007 Aug 13, 2007 9:14:35 PM -   #8 (permalink)
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Default Re: How To Pick A Name

I understand that, but the results that came up didnt look to me like they had anything to do with the name of the company I wanted. It was basically a bunch of gibberish.
 
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Old August 13th, 2007 Aug 13, 2007 9:23:15 PM -   #9 (permalink)
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Default Re: How To Pick A Name

Quote:
Originally Posted by JustinB
I understand that, but the results that came up didnt look to me like they had anything to do with the name of the company I wanted. It was basically a bunch of gibberish.
Maybe you didn't search in the right place.

Without seeing what you saw, it's hard to tell what happened with your search.

But normally you just click the trademark search link, type in the brand name you want to use, and it will give you links to companies that are using that brand name (if there are any) and how they are using them.
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Old August 13th, 2007 Aug 13, 2007 9:31:10 PM -   #10 (permalink)
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Default Re: How To Pick A Name

Quote:
Originally Posted by JustinB
I understand that, but the results that came up didnt look to me like they had anything to do with the name of the company I wanted. It was basically a bunch of gibberish.
For example, here's a screenshot of the trademark search results page.

Click on the thumbnail below to make it larger.

In the "Refine Search" area you can see what term I searched for. In this case: justin

The Serial Number column shows the record # of the trademark application.

If there's a number in the Reg Number column, that's the official trademark registration number you get when your trademark is approved.

The "Word Mark" column shows the actual term that's trademarked.

The Check Status column gives you a link to check the current status of the mark registration.

The Live/Dead column tells you if the trademark is active or not.

If you click on the blue text in the Word Mark column next to the mark you're interested in learning more about, it will tell you the specifics of that trademark.

For example, I clicked on the first link and I took a screenshot of the resulting page I landed on (see second thumbnail).

Hope this helps
Attached Images
File Type: jpg justintmsearch.jpg (268.6 KB, 6 views)
File Type: jpg justintmsearchdetail.jpg (276.9 KB, 12 views)
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