Legal Question in Business Law in New Jersey

Re: Company Name & Copyrights

Just because the business name is available in New Jersey does not mean you won't potentially be infringing upon the trademarks of others in New Jersey. Similarly, if you are doing business outside of New Jersey, the business name may potentially infringe upon the trademarks of others outside of the state.

Depending upon your business name, and where you plan on doing business, a nationwide trademark search may be advisable.

If you have any questions, or need any assistance, please feel free to contact me.

Re: Company Name & Copyrights

I teach a course on the formation of small businesses at a local community college and devote a major segment of my material to choosing company names. That is in part because a company name is important intellectual property and, in part, because the subject can be a bit confusing. Don't feel alone.

New Jersey will happily register almost any name that complies with the statute for the type of business to be registered. That name will be used by the State to refer to the company even if it is later found that the use of the name in commerce violates someone else's rights. The State only cares that the name is unigue within its registry.

Many enterprises that form companies on a regular basis (such as large construction contractors) will use strange and fanciful names such as "Buildco 2007 IV of Ocean City" in order to reduce the possibility of overlap. You and everyone else who owns or runs a business that interacts with consumers want a name that is easily remembered and descriptive of your business. That means that there is a possibility of overlap and infringement by a number of means.

At a minimum, a business name search at least within your geographic area and another in the area of your business is a very good idea. Although there is a difference between a business or trade name and a trademark, it is also a good idea to also do a trademark search. It is important in these searches to be a bit creative and try all close forms of the name and any alternate or fanciful spellings. If you find something that appears close, you can try another name or talk to your lawyer about whether the other name will be infringed by the use that you plan.

There are commercial services that will do a search for you but, with access to the Internet, that is usually not necessary unless you intend to put a lot of money into advertising and need to protect investors. You can do a name use search yourself using one or more search engines. You can do a trademark search from the PTO's online web site. You can find the link from my web site. Remember that trademarks and service marks are limited to the classes of good and services of their registration.

If you find a great name with nothing close in your field of business and the geographical area within which you will do business, your're done. Exactly what constitutes an infringement has many nuances. If the name(s) that you like have some overlap, it is best for you to consult with a lawyer to get an opinion as to whether they are safe to use.

My firm handles matters of this type. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm