Discussion:
What is the name of your state?Phila, Pa
I came up with a name for my business. I found that there were other businesses with the same name but in different states. Is it possible I can still use the name and if so can I get it copyrighted and trademark? What type of problems could me using the name present?
Answer:
I came up with a name for my business. I found that there were other businesses with the same name but in different states. Is it possible I can still use the name and if so can I get it copyrighted and trademark? What type of problems could me using the name present? If the other companies are using the name in different geographical areas AND none of them have registered for federal trademark protection, then you can use the name in your geographical area.
If nobody else had registered the trademark through the trademark office, , you can, and that will protect the use of your name and mark nationwide. However, you will not be able to make the pre-existing users stop using the name -- you may be able to keep them from "expanding" the use of the name. Go to the USPTO website and use the trademark search function to see if anyone has filed a trademark on your name and mark.
You don't use copyright to protect a name or mark used in commerce -- that's what trademark is for.