Picking a new business name

by bsurb
13 replies
... delete.
#business #picking
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  • Profile picture of the author Kay King
    Instead of coming up with a name that is most likely taken somewhere out there, how should I target this new business name?
    You missed an important step when you chose your name initially - so plan to avoid that in the future. It's easy to avoid trademark problems.

    Once you decide on a new brand name for your business - check to make certain the word/phrase is NOT trademarked. It only takes a couple minutes and avoids this sort of hassle.

    https://www.uspto.gov/trademarks-app...emark-database
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  • Profile picture of the author savidge4
    City plus whatever it is you do is not scalable. Dallas Texas Graphic Arts is probably not going to get business in Seattle Washington. Not that it cant be done, it just makes things harder.

    Stick with your instinct and build Brand and develop Logo.

    In regards to Trademark... Don't give up so easily there. read this: https://www.ipwatchdog.com/2017/11/2...ness/id=90214/

    I might consult with an attorney. the company thinking they can just tell you to stop and desist, may not really have a leg to stand on. ( I am assuming they sent you a nasty letter and you crumbled ) As long as you Registered with the State you are operating in.. you have rights as well.

    With experience comes lessons... From now on.. add the "TM" to your logo... and it makes things more interesting if you run into issues later.

    Hope that Helps!
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    • Profile picture of the author DWolfe
      Originally Posted by savidge4 View Post


      I might consult with an attorney. the company thinking they can just tell you to stop and desist, may not really have a leg to stand on. ( I am assuming they sent you a nasty letter and you crumbled ) As long as you Registered with the State you are operating in.. you have rights as well.
      Also check if they were in business before you or after you. If you were in operation before them you have a good chance of winning.
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      • Profile picture of the author savidge4
        Originally Posted by DWolfe View Post

        Also check if they were in business before you or after you. If you were in operation before them you have a good chance of winning.
        Not trying to beat a dead horse here... Im just saying this line of thinking as fundamentally sound as it is, may not actually be how it plays out.

        *** Added in to this - The REAL identifier to be used is who used the TM first on the logo. THIS identifies Trademark. If the other company has "Registered" the TM they now will be using an "R" MANY companies do not use the TM in their logo and then all the sudden register - and lose their R / TM in court. It actually happens all the time.

        THE LESSON here is when starting out and designing a logo throw in the "TM" from the start. By doing this you are protecting the Brand and the Logo. ***

        I can tell you from experience that you can hold a "TM" technically an "R" ( if you have gone through the paper work ) and someone regionally the state over could have the state name. As long as you are operating regionally there can literally be more than one TM for the same name.

        Again I am not an attorney - and suggest highly if you want to keep the name to contact one... might be the best $300 you spend, or it could be the worst money spent. Just because you get a "Legal" letter in the mail doesn't mean you have to just roll over - My guess in this case they are flexing and really would have a hard time showing a conflict of interest in YOUR market space ( the town you live in )

        The EASY ROUTE... add "local" to the name "Nifty Promotions <insert City>" that defines separation of market and go on about your day.

        The Easy not so Easy route is to change the name all together - and I get it thatsucks
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        • Profile picture of the author bsurb
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          • Profile picture of the author animal44
            Originally Posted by bsurb View Post

            I contacted about three lawyers a few days ago I even went on a forum where you can ask lawyers different questions and they were all telling me that I should re-brand and that I was getting myself into deep $$$ to defend. They were pretty much telling me that I can't use the word nifty because we are defined as the same goods in service and that the US PTO will deny me if I go and tried to trademark a name with the nifty word in it. I really don't think adding my city at the end will do anything the lawyers told me that would matter as well. I am local only I do zero business out of my area which sucks because I didn't think it would have been a problem doing that
            Surely a lawyer or three's advice is far more reliable than you'd get on a forum...
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            • Profile picture of the author eccj
              Originally Posted by animal44 View Post

              Surely a lawyer or three's advice is far more reliable than you'd get on a forum...
              Not in America.
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          • Profile picture of the author kenmichaels
            Originally Posted by bsurb View Post

            I contacted about three lawyers a few days ago I even went on a forum where you can ask lawyers different questions and they were all telling me that I should re-brand and that I was getting myself into deep $$$ to defend. They were pretty much telling me that I can't use the word nifty because we are defined as the same goods in service and that the US PTO will deny me if I go and tried to trademark a name with the nifty word in it. I really don't think adding my city at the end will do anything the lawyers told me that would matter as well. I am local only I do zero business out of my area which sucks because I didn't think it would have been a problem doing that
            Some lawyers don't know what they are talking about. Some do.

            You won't know who's who without due diligence.

            Even then...you might not find out until your in the first deposition or worse the courtroom.

            Do you think trolling around the internet trying to get people to agree with your opinion
            is brutal? Don't do your due diligence on this situation and your gonna find out what brutal truly is.


            Edit:
            I bet any random person can sign up for some of those forums and claim to be an attorney.
            Don't be cheap. Go pay someone with a valid license that you can see for help.
            If you cant do that. Change everything. Change it now and save yourself the onslaught of
            trouble heading your way.
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  • Glad to see CHEESE BABOONS ain't been bagged by nowan.

    When I roll out my boutique nail bars nationwide, I don't wanna discovah no othah byootishun hoggin' the glory c/o my genius bcs they got there first.

    Hey but let's not forget how Google an' Godaddy are real simple ways to check for stuff also.

    An', course, I am only JOKIN' 'bout Cheese Baboons.

    The daaht com is up for grabs now for like nuthin'.

    Could be a real inspired startup for sumone here, surely?
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  • Profile picture of the author max5ty
    If you're talking about Nifty Promotions in Kansas...yes they trademarked that in 2018.

    So they can probably legally keep you from using their name.

    I see they got their domain name in 2015. It appears you got yours in 2018 and you just used an abbreviation of their name.

    A suggestion would be to maybe change your name to "Niftee" or "Niftey" or something like that just off the top of my head.

    If you change it only slightly but make it different, it wouldn't be as hard to keep your branding.

    Of course, I'm not an attorney...your best choice would be to consult one.
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  • Profile picture of the author Claude Whitacre
    Originally Posted by bsurb View Post

    Whats up guys, I am running into a little issue here with my local business and I wanted to vent a little and see if anybody can point me into the right direction. To make the story short, I have been using a business name for the past 2 years and have been demanded to remove my name because another business out of state trademarked the exact name. We are in different states, even though I am a local business service only, it doesn't matter. SO... I now have to re brand and get back to the drawing board. I have built my name up and everybody knows what I do, its just going to take a little time for them to re learn my new branding name.

    I offer local signs, t-shirt printing and logos. I am trying to come up with a new name. I am pretty picky, I have always came up with something brand able where it looks good on shirts, hats, etc more of a clothing line perspective and I think thats the issue. Instead of coming up with a name that is most likely taken somewhere out there, how should I target this new business name?
    Why not just add your first name to it, like Bob's Nifty Promotions?

    Although, a better name is to simply say what you sell. That will help your website get ranked and the name will act as marketing.

    Like "Bob's T-Shirts, Printing, And Logos". It's better if you have a name that's a little different. You may need to use your last name.


    But if someone trademarked the name, before you started your business, they have a real case. I had to change a title of a book I wrote because the title was trademarked.
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  • Profile picture of the author DWolfe
    Did not realize the bsurb started after the post mentioned above. However This law suite came to mind when he posted the part about the name of his business - https://jg-tc.com/news/local/7-facts...ce7cff1.html#5 Burger King vs Burger King.
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    • Profile picture of the author JPs copy
      Interesting side-note. The Burger Kings in Australia are all called "Hungry Jacks". Not sure why, but I'm sure it's copyright related.

      It was weird seeing another name on an otherwise recognizable American brand.
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