How do I find out if a name is trademarked?

expired domain names
Evil Genius asked:

Usually a Google search will reveal if someone is already using the name I want. But in this case it’s inconclusive. There is a company with that name, but their website is in the .tk domain and seems to be squatted on and unrelated to the company. They also have a (down/expired) website in the .cjb.net domain (cjb.net seems to be a registrar).

The .com for that name sends me straight to a registrar.

There are a few other Google hits for it but they all seem to be 404′d or squatted on. Does that mean I can use this name? Where do I go to find out if it’s been trademarked or copyrighted already?
I meant the name of my company, of which I would lease the corresponding domain. I want to trademark a company name.



Comments (3)    Posted in Small Business    

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3 Responses to 'How do I find out if a name is trademarked?'

  1. kemperk - July 1st, 2010 at 10:03 am

    trademarked names are usually those affixed to buildings and
    products, not web sites.

    web site names are an entirely different arena

  2. ThatsWhy - July 2nd, 2010 at 7:47 am

    This one is so easy to answer, it’s hard to believe you have the word “genius” in your name. Do a trademark search.

  3. TM Express™ - July 3rd, 2010 at 4:56 am

    Here are some links where you can do some preliminary checking. However, please be aware that this is merely scratching the surface of what’s out there.
    — USPTO – Preliminary Search of Federal trademarks –Go to your state’s Secretary of State page to see if they have a searchable database of business names – Must register (free) to search their database

    Only comprehensive research will tell you if the name is truly available. But, these links are free & a great place to start, so I’d try them out first.

    Comprehensive research consists of looking at marks that are similar in Sound, Appearance or Meaning in the pending & registered Federal AND State trademark files as well as the US National Common-Law files.

    Hope that helps! I wish you much success & happiness in all your ventures!


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