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How do I find out if a name is trademarked?

How do I find out if a name is trademarked? Topic: D case search
April 26, 2019 / By Aimey
Question: Usually a Google search will reveal if someone is already using the name I want. But in this case it's inconclusive. There is a company with that name, but their website is in the .tk domain and seems to be squatted on and unrelated to the company. They also have a (down/expired) website in the .cjb.net domain (cjb.net seems to be a registrar). The .com for that name sends me straight to a registrar. There are a few other Google hits for it but they all seem to be 404'd or squatted on. Does that mean I can use this name? Where do I go to find out if it's been trademarked or copyrighted already? I meant the name of my company, of which I would lease the corresponding domain. I want to trademark a company name.
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Best Answers: How do I find out if a name is trademarked?

Tommy Tommy | 1 day ago
Here are some links where you can do some preliminary checking. However, please be aware that this is merely scratching the surface of what's out there. http://tess2.uspto.gov/bin/gate.exe?f=te... -- USPTO – Preliminary Search of Federal trademarks http://www.statelocalgov.net/50states-se... --Go to your state's Secretary of State page to see if they have a searchable database of business names http://www.hoovers.com/free/ http://www.thomasnet.com – Must register (free) to search their database Only comprehensive research will tell you if the name is truly available. But, these links are free & a great place to start, so I'd try them out first. Comprehensive research consists of looking at marks that are similar in Sound, Appearance or Meaning in the pending & registered Federal AND State trademark files as well as the US National Common-Law files. Hope that helps! I wish you much success & happiness in all your ventures!
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Tommy Originally Answered: Can I trademark a name by extending an already trademarked name?
The legal standard is likelihood of confusion among the public. If is actually possible for the SAME trademark to be registered by a hardware store in Alaska and a grocery store in Florida. In your case, I suspect your use would be considered infringement.
Tommy Originally Answered: Can I trademark a name by extending an already trademarked name?
No if they are in the same business area. For example if someone has a restaurant called RED, you can't open a restaurant called RED or RED-2, because both are in the restaurant business, But you can open a carhop called RED because that doesn't compete with the restaurant. Example 2: if you search around you are going to find many businesses with the names Universal or American as part of the name. -- EDIT -- Trademarks are valid only while they are used in commerce. So if the company is no longer active, you can use the trade-name. As for a named becoming public, no that doesn't apply to trade-names / trademarks. As told before: several companies can share a similar trade-name if they are in different business areas.)

Raymund Raymund
trademarked names are usually those affixed to buildings and products, not web sites. web site names are an entirely different arena
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Mathias Mathias
This one is so easy to answer, it's hard to believe you have the word "genius" in your name. Do a trademark search. www.uspto.gov
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Mathias Originally Answered: I just purchased a domain name and there is a very similar name already trademarked?
No, you can't be sued for merely "creating a website" unless you open it to the public and it creates a "likelihood of confusion" for Hungry Girl's existing customers. Maybe you can nip this in the bud simply by contacting Hungry-Girl (as seen on the Food Network) and working something out, since you're not directly competing. She and her corporation have been using that trademark for over 10 years. If not, at least you know you need to change immediately, which is almost certainly the case. Maybe they'll reimburse you the $100 if you transfer the domain name to them. Most people spend a few minutes researching names before they spend money on one that someone else is already using in the same field. Also, their trademarks include "hungry-girl" and "hungry-girl.com" and "hungry girl", not to mention the corporate name Hungry Girl, Inc.

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