Trademarks and Business Names

I'm thinking about starting a small online photography business and have a few questions about making it all legal. This is not my main job and will probably never be...it's just an opportunity for me to sell a few prints every now and then, learn more and get some of my work out there. Therefore, I'm not looking to invest hundreds if not thousands of dollars involving attorneys, etc. to get started.

I know the basics of running a business (I was a manager for a company for nearly 10 years). However, I've never had to deal with starting a new business. My main concern right now deals with the business name. I want to create a unique name that expresses who I am and the type of images that I take. I'm not interested in the 'my name' + photography or foto types of names.

As a result, I have came up with several names that I thought were unique and would work. However, after doing an online search on several of these names, I have found them all to have at least several companies already using them. I'm beginning to think that it will be impossible to find a name that has any meaning to my business and is still unused by others.

Therefore, my question is...should I be worried about the fact that others are already using the name(s) that I have chosen? I don't want to go through the trouble and expense of establishing the business only to be informed that I'm breaking some type of law/trademark rights.

That brings up another question. Should I trademark my business name? I have a name in mind that fits my business well. I have only found one other business with the same name and it is a small local company in another part of the country. Furthermore, I searched the online database for trademarks and they have not trademarked the name.

What should I do? Any advice would be extremely appreciated.

In my state of Michigan we apply for a business name (LLC) from the state and they do a very quick check to see if the name is valid for the state in which it is registered.
Don't even try to name your business any Disney close name - disney and a few other companies are VERY vigilant about those things.

Thanks for the advice...I'll check with my state and see what they can tell me and no, I'm not about to attempt to mimic any large corporations.

Most states will either require you to check or provide a way for you to check if a business has been registered in that state with a similar name. In my state, there is an easy online search page. State registration of a business name does not necessarily prevent someone else from using the same name.

For that, you would need federal trademark registration. However, there are some restrictions there. For instance, you can't trademark a name that is too generic or descriptive--there has to be some level of uniqueness about it.

Even if you register your trademark, the burden is totally on you to police it. If a local photographer in Skiatook, OK, uses your trademark long enough without you taking action, you could lose it.

"Joseph Swartzkoph's Global Trekker Photography" would probably not need to be registered as a trademark.

"Swartzkoph Photography" probably can't be registered as a trademark.

"Global Trekker Photography" would need to be a registered trademark.

glbtrekker wrote in post #8397163
Thanks for the advice...I'll check with my state and see what they can tell me and no, I'm not about to attempt to mimic any large corporations.

reminds me of the movie "coming to america" where they have McDowell's vs Macdonalds.

If you are in the US and your business does not have your first and last name in the title, you may have to file "doing business as" paperwork, depending on what type of organization style you choose.

RDKirk wrote in post #8397933
Most states will either require you to check or provide a way for you to check if a business has been registered in that state with a similar name. In my state, there is an easy online search page. State registration of a business name does not necessarily prevent someone else from using the same name.

For that, you would need federal trademark registration. However, there are some restrictions there. For instance, you can't trademark a name that is too generic or descriptive--there has to be some level of uniqueness about it.

Even if you register your trademark, the burden is totally on you to police it. If a local photographer in Skiatook, OK, uses your trademark long enough without you taking action, you could lose it.

"Joseph Swartzkoph's Global Trekker Photography" would probably not need to be registered as a trademark.

"Swartzkoph Photography" probably can't be registered as a trademark.

"Global Trekker Photography" would need to be a registered trademark.

Thanks for the explanation...it doesn't really sound like the trademark provides a lot of protection unless you are diligent in "policing" it.

jen19806 wrote in post #8398989
If you are in the US and your business does not have your first and last name in the title, you may have to file "doing business as" paperwork, depending on what type of organization style you choose.

What's that?

If you are making your business official, and you are not using your legal name as the business name, than you may need a fictitious name registration. This varies by state and by county so check with your local tax office.

RDKirk wrote in post #8397933
State registration of a business name does not necessarily prevent someone else from using the same name....

...In other states. It does in fact stop others from useing the name in your registered state.

When I looked into trademarks i found they are not worth the money for small local buisnesses. It can cost a lot to register a trademark by the time you are done. Just to start you pay $375 for EACH class of goods or srevices you are going to cover. If you are filling an "intent to use" it is an additional $100. That may not be worth the money if you are in florida and some guy in washington state starts wants use the same trademark. You two will never cross paths. Or even if you are in Miami and some one in Tallassee wants to use it. If they are not in your market it does not really matter. At least to me. If you are going to nave a national market then it is worth the money as everybody is in your market.

Look here for a complete list of costs... ( you do not have to pay them all. just the relevent ones of coarse)...In the pink at the bottom of the page.

http://www.uspto.gov …09january01_200​9may01.htm

My research also dug up the simple use of a trademark offers some protection. But safe money says get it registered. You can establish certian rights with proper use of the T symbol even if not registered. Much like a copyright symbol. But also as a copyright. You are limited in your recovery if it is not registered.

Trademarks are national. Buisness names are a state to state basis. And every state is different. Here at least you do dnot have to register if you are useing your whole name inthe company name. "First Last Photography". But need to file a DBA ( Doing Business As) form to register the name id you are not useing your name. and that is all. It is assumed it is a Sole Prop. If you want corporate protection you need to file for it. Even if it will still be a Sole Prop company.

I suggest findig out if your state has a Small Buisness Bureau. That is where I started my search. The one for Maryland at least offers a ton of info on thier website.

Mark1 wrote in post #8401048
...In other states. It does in fact stop others from useing the name in your registered state.

When I looked into trademarks i found they are not worth the money for small local buisnesses. It can cost a lot to register a trademark by the time you are done. Just to start you pay $375 for EACH class of goods or srevices you are going to cover. If you are filling an "intent to use" it is an additional $100. That may not be worth the money if you are in florida and some guy in washington state starts wants use the same trademark. You two will never cross paths. Or even if you are in Miami and some one in Tallassee wants to use it. If they are not in your market it does not really matter. At least to me. If you are going to nave a national market then it is worth the money as everybody is in your market.

Look here for a complete list of costs... ( you do not have to pay them all. just the relevent ones of coarse)...In the pink at the bottom of the page.

http://www.uspto.gov …09january01_200​9may01.htm

My research also dug up the simple use of a trademark offers some protection. But safe money says get it registered. You can establish certian rights with proper use of the T symbol even if not registered. Much like a copyright symbol. But also as a copyright. You are limited in your recovery if it is not registered.

Trademarks are national. Buisness names are a state to state basis. And every state is different. Here at least you do dnot have to register if you are useing your whole name inthe company name. "First Last Photography". But need to file a DBA ( Doing Business As) form to register the name id you are not useing your name. and that is all. It is assumed it is a Sole Prop. If you want corporate protection you need to file for it. Even if it will still be a Sole Prop company.

I suggest findig out if your state has a Small Buisness Bureau. That is where I started my search. The one for Maryland at least offers a ton of info on thier website.

Thanks for the help. I looked at the associated fees with filing for a trademark and I'll confess the list was confusing. I think I'll see what the state has to say before I go any further. I have discovered that the other business that uses the name I'm interested in is in another state, but is only about 3-4 hours away geographically, so that's something that I'll have to think about a little more carefully. Thanks again!