A trademark name is a distinct word or domain name a company uses to distinguish it from others and to prevent confusion in the marketplace. Slogans, logos and symbols can also be trademarked. Some examples of trademarks are, Geico for auto insurance, Danskin for fitness apparel or Pepsi for beverages. To be eligible for trademark protection, the name cannot be common or generic such as -The Fitness Shop-. The name must prompt customers to recognize the product in the marketplace. Trademark rules apply even to small local businesses. Thanks to the vast reaching power of the internet, local business still needs to be cautious of a trademark used in another part of the country. More and more small businesses are creating websites. Websites create the potential for more customers and more confusion in the market place. Even though your company only does business locally, an out-of-state business may be competing for your customers through the internet.
Before settling on a somekeywordor a domain name conduct a free business name search. If you don't, you could be sued by the owner of the trademark. At the very least, you will be asked to stop using the trademark. Depending on how long you have been using the name you may have to incur the expense of changing signs, letterhead, advertisement, business cards and your website. Even worse, if you use a federally registered trademark, the costs can be even higher. If you are labeled a -willful infringer-, you can be held for large damages and be forced to pay the trademark owners attorney fees.
A reputable somekeyword can get you started with a free business name search. In addition, you can search registered trademarks at the website of the U.S. Patent and Trademark office or visit a Patent and Trademark Depository Library located in every state. These libraries house hardcopy directories and databases for both pending and registered trademarks.
Not feeling confident you can handle a trademark search on your own? Some people opt to hire a professional search firm. The minimum cost for a thorough search begins at several hundred dollars. Although it may be worth the money, I would still recommend you start with a free business name search and go from there.
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