Legal Question in Business Law in California

So how much will it cost to get started and find out if my Company name is trademarked. There are a few Companies with the same name operating in different States. We offer our services worldwide so we want to protect our name of 16 years. I don't want to waist time or money.


Asked on 11/05/10, 9:01 am

5 Answers from Attorneys

You'll need to do a TM search in each country in which you operate, the price of which can vary depending on the country (and there are also different levels of investigation).

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Answered on 11/10/10, 9:12 am

Trademark rights are acquired by use. So there is no way to absolutely find out if there are any competing marks that may or may not have priority. You can, however, find out if someone else has registered your mark. You can do a basic search yourself at: http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4008:a5hsrq.1.1

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Answered on 11/10/10, 9:16 am
Michael Isaac Shokrian Law Offices of Michael Isaac Shokrian, APLC

Thompson Search can do it in US for around $500.

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Answered on 11/10/10, 9:18 am
Anthony Roach Law Office of Anthony A. Roach

Huh? You can check the United States Patent and Trademark Office for free, online at : http://www.uspto.gov/

Common law and state trademark are discussed here: http://www.publaw.com/bolts.html

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Answered on 11/10/10, 5:12 pm
Kevin B. Murphy Franchise Foundations, APC

As a franchise attorney I can say you can do a "free" search on the USPTO website, but that will not give you a complete state by state search of not only state registrations but also common law usage. That's why paying a search firm that includes this greater circle is often worth the price. As to the other companies with the same or similar name, do they operate in the same industry as yours? And when did they first use their marks? These are important questions to answer, and be prepared to spend some time (and money) to get quality answers. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/10/10, 6:31 pm


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