Can I use the business name I thought of?

Question

I've found a great name for my new business, and it's not registered by anyone else in the U.S. or my state. The ".com" domain name is already taken though, by someone in Australia. There's actually no website up at the address, but the domain is taken. I googled the name. Nothing. I searched Australia's trademark database, and the name isn't registered. Is it OK for me to do business under a name that's "dot commed" by someone else in another country?

Ooooo. This is tough. Choosing the best answer to award, I mean... Thanks so much, you're all truly helpful. This is the best info I've recieved from a question yet.

Answer 1

There are other avenues to search that weren't indicated in your question.

1) Federal trademarks: Searching the USPTO site is a great place to start but it's not everything. Also, you'll want to pay attention to marks that are similar in Sound, Appearance or Meaning

2) State trademarks: If you intend to file for a Federal trademark, you'll want to search all state trademark databases

3) Common-Law records: Those that have first use rights to a mark within their industry & trade area may be able to retain those rights. Here's what the USPTO has to say about Common-Law usage:

"Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration."

To register a trademark, contact either your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

I posted some handy resource links for you.

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

Answer 2

You probably could, but you may want to consider something else, just so you can get the domain too if you want an internet presence. The only way to be sure is to hire a lawyer and file for a trademark with the federal government, but it is not absolutely necessary. If someone beat you to it in your state, you may need to change you business name later.

Answer 3

As loong as you register with Taxation and Assessment and use either Inc. or Co. A domain name is not the same as a "company" name or a registred company name....include a trademark to solidfy it.

Answer 4

Almost certainly yes.