Legal Question in Business Law in California
So how much will it cost to get started and find out if my Company name is trademarked. There are a few Companies with the same name operating in different States. We offer our services worldwide so we want to protect our name of 16 years. I don't want to waist time or money.
5 Answers from Attorneys
You'll need to do a TM search in each country in which you operate, the price of which can vary depending on the country (and there are also different levels of investigation).
Trademark rights are acquired by use. So there is no way to absolutely find out if there are any competing marks that may or may not have priority. You can, however, find out if someone else has registered your mark. You can do a basic search yourself at: http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4008:a5hsrq.1.1
Thompson Search can do it in US for around $500.
Huh? You can check the United States Patent and Trademark Office for free, online at : http://www.uspto.gov/
Common law and state trademark are discussed here: http://www.publaw.com/bolts.html
As a franchise attorney I can say you can do a "free" search on the USPTO website, but that will not give you a complete state by state search of not only state registrations but also common law usage. That's why paying a search firm that includes this greater circle is often worth the price. As to the other companies with the same or similar name, do they operate in the same industry as yours? And when did they first use their marks? These are important questions to answer, and be prepared to spend some time (and money) to get quality answers. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Attorney
Franchise Foundations APC
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