Legal Question in Business Law in New York

Copyright question

How can I find out if a name for a business that I want to start, has already been taken?


Asked on 10/23/06, 12:44 am

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Copyright question

I agree with Nancy as to the procedure in NY, and checking in the Trademark office. Just because a name may be available does not mean you will have authority to use it if the name has been copyrighted and protected nationally, by registration in the Patent and Trademark office, although you might be able to use it for a different and unrelated line of business or products from which it has been registered. This is a response to an Internet question and the reply is not intended to be legal advice or to create an attorney-client relationship.

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Answered on 10/23/06, 12:17 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Copyright question

Go to the United States Patent and Trademark office and search their database. It's free to do. Feel free to contact me if you have any further questions. 2127098303

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Answered on 10/26/06, 12:44 pm
Nancy Delain Delain Law Office, PLLC

Re: Copyright question

In NY, go to http://appsext5.dos.state.ny.us/corp_public/ and type in the name you want for your business in the ENTITY NAME field.

Other states have similar sites.

This has nothing to do with copyright. Your business name may be available in NY but taken in another state. This is perfectly fine and legitimate. However, if you want trademark protection for the name, you will have to do a name search through the US Patent & Trademark Office and all 50 states to begin to ensure its availability.

Please feel free to contact me offline for a follow-up consultation if you wish.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 10/23/06, 3:23 am


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