Business name already taken on facebook

I just noticed this as I was about to sign up....what to do! I suppose I can you PHOTO instead of PHOTOGRAPHY, or say screw it and just do a friend page and see what happens.

If your name is trade marked you maybe able to send a cease and desist letter to them..

Rachel B wrote in post #11411669
If your name is trade marked you maybe able to send a cease and desist letter to them..

...and make sure they don't have the trademark and can go after the OP.

u probably don't want to hear this

if its your name(full name)-if someone else has your name(they have the same first and last as u) its fair game

if its a business name - it is also fair game, unless u reg/trademarked it - if u did that, facebook might be on your side and hand it over to you. If thats not the case, find a variant and or switch the words around.

If the other member has the name trademarked - still out of luck

I can trademark the name, how do you find out if the other party did?

And what is the name that is taken? Do you actually have a business or you want to start by "creating" a page on facebook to call it a "business"?

u have to file for a trademark and if its taken they will tell you.. @ least thats how its done here in canada

People, let's not forget that there is a world outside of the USA. The business name may be registered in any number of a hundred countries around the world. Facebook is global, first person to get off their behind and register their business name on Facebook wins. Just because you have the name regeistered in the USA doesn't give you preference over anyone else in the world using the same business name on Facebook.

You can register a trademark, but it won't do you any good if the other guy was already using the business name.

This is the kind of stuff that requires a lawyer to clarify, but generally speaking unless you've been using the business name for years, you're probably out of luck.

texascrane wrote in post #11415689
You can register a trademark, but it won't do you any good if the other guy was already using the business name.

This is the kind of stuff that requires a lawyer to clarify, but generally speaking unless you've been using the business name for years, you're probably out of luck.

this...

and not to mention... i can't really sympathize with somebody who because they are butt hurt that somebody else out there is using the same name they would like to use, they are willing to set out to damage the other's page/business by using lawyers and BS legal tactics.

I hate people like this. Just saying… move on with it. They got there first. Next time, don’t be late to the party.

USER876 wrote in post #11413524
I can trademark the name, how do you find out if the other party did?

as sctbiggs said.. if it's not already trademarked, doing so now with the intent to take legal action with it would be pretty messed up.

I wouldn't take legal action, I don't care about the other party, but it would protect me in case they ever complained about me. We are in different states and different markets.

How do I go about trademarking the name?

Trademarks are federal and can cost tens of thousands of dollars to obtain. Especially when someone else is already using the name. Is it really that important to you? The best you can do is file the tradename with your state which you should have done when you opened for business. That will protect you in your state. But has no weight in other states.

You mean a DBA in my town? I have done that

USER876 wrote in post #11417121
You mean a DBA in my town? I have done that

No, trademark and DBA are not the same.

Al's automotive in Tampa and Al's automotive in Buffalo have DBA's.

If Al's Automotive in Tampa got it trademarked they could stop Buffalo Al from using the name, even if he had it longer, has a DBA, etc.