Trademark Searches

Nathan

Has anyone ever done a trademark search before forming your business?
I'm thinking about running one before filing for my S Corp.

Looks like a Trade Mark Search is about $500 and then you have to pay a lawyer to look it over and tell you what he thinks. Pricey but worth it in the end.

Thoughts?

__________________
Nathan

"He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot

Grumpy

LOL $500 you crazy. Let me hunt down my link to the govt. database. FREE public knowledge. it has to be.

Grumpy

http://www.uspto.gov/index.html

Send me a check for $350 and we'll call it even. I ran a TM check for my company before I INCed.

These are ONLY registered trade marks. A trade mark doesn't have to be registered to be enforeced. A registered trademark is more easily enforceable though. Another thing I'd suggest is a google search for your proposed business name or slogn with quotes "Quality work ahead"

Your site comes up No. 11 in the list.

Nathan

I know I can search that database. But thats NOT what is included in a trademark search by any means.

As you said, just because a trademark isn't registered doesn't mean its not enforceable. You have to search every city/state to see if a company by that name is already registered or if anyone with a similar name or root of your name is taken. Then a lawyer has to look it over and tell you if you have a chance of holding it up.

Paying a company to do a trademark search dives into a lot of data that you would have a hard time getting your hands on.

__________________
Nathan

"He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot

Grumpy

Not necessarily true.

If there is a reliable americna inc in florida that sells housewares chances are very very good they are not competing against me in IL who installs roofs. Another thing is your business name and trademark are seperate if you want them to be. Hell your business name and corporation name are seperate if you want them to be as well.

I don't see a lawyer checking the databases of 52 states and thousands of cities and even more thousands of counties in this country for $500. Do you? I bet if you ask them waht they check they will tell you the states you plan to operate in, the counties you plan to operate in etc...

All the data they have access to, so do you. They just figured out where to look. It's all public knowledge. It has to be public knowledge. It's all out there.

Grumpy

Also if you Inc online, at some services, they do that for you for free. Mine did when I Inc'ed.

Nathan

A laywer doesnt do the search.. special companies do like: http://www.thomson-thomson.com/

Also, I'm not talking about a local company... I'm talking about a national company. Therefore I have to be very sure that the name isnt' taken before I start. One day I could expand into a new area and find out that someone has been using the name for 50 years. He could sue and I could have to change my name.

Is this a little overboard... sure! But in the age of the internet and national companies I need to be sure even if it cost me a few extra bucks.

__________________
Nathan

"He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot