using the same name, can I still trademark it? I guess I'm asking if a trademark at federal level will override any state dba records. I really want this name. Actually, my business is a bath and body and the one I found in my state is strictly candles and a fly by night at that. What do I need to do to secure that name?
2007-12-23 04:53:23 · 3 answers · asked by Someday Soon 2 in Business & Finance ➔ Small Business
Buy it from them.
2007-12-23 04:56:53 · answer #1 · answered by shipwreck 7 · 0⤊ 0⤋
The uspto.gov database does not tell you if it is available. It only tells you if someone already has a federal trademark for that exact name. If someone else is using that name without a trademark or has a trademark for a similar name, or both, the USPTO is supposed to refuse to allow you to register the trademark.
2007-12-23 06:24:42 · answer #2 · answered by StephenWeinstein 7 · 0⤊ 0⤋
If the trademark you are seeking is not registered, then you can register this trademark as your own.
2007-12-23 05:02:11 · answer #3 · answered by Jan Luv 7 · 0⤊ 0⤋