How do you find out, if a name of a company (small business) is trademarked?
By Yahoo User • Category: Trademarks in Canada…..what is more, does that mean, that No part of the title can be used, or it can’t be at ALL similar? Also, let’s say its a name in a state like California, does that mean it can not be used anywhere in Canada? Its just one business..not a chain. I need help!!! Thanks
Something is trademarked as soon as you use it. It belongs to you if you are the first to use it. You can register trademarks with the government, and that allows you to use the “R” symbol, instead of just the “tm”, but it is not required to register and non-registered trademarks can be defended in court if everything was done right. Registered trademarks must prove that they’ve done everything right before they can register.You can not infringe trademarks in a way that causes damage to the entity that owns the trademark. You can use trademarked phrases or symbols in reference to the entity that owns the trademark, but you can not use the name or symbol in reference to someone else, and you can not use the name or symbol for your own entity if it competes with the original. So, there could be a Joe’s Grocery in California and one in New Jersey and they can’t claim trademark infringement, because they don’t compete with each other. There’s a lot more to it, but if you’re worried about using a name or symbol in some literary work that you are creating, you are probably ok. There’s much more in the wikipedia link, and it’s pretty complicated.Most common usages of trademarks are legal usages, such as the lists of trademark owners on product labels. For example on my Senseo coffee machine, which itself is a trademarked name, it says “Home Cafe is a trademark of Sunbeam”… because they used the name Home Cafe in the product description on the box, they have to give credit to the company that owns the trademark, but they are free to use the name in a way that does not harm Sunbeam company. In this case, they are actually helping that company by announcing that their product can be used with the other one, thus increasing both company’s sales.
You can also go with your county clerk if you live in the US.
You hire someone to do a name search. If that name is not used anywhere else, then you can have legal use of the name by registering it. Once it is registered, noone else can use any part of it without your permission.