# Okay..So I picked a biz name...help!



## IanT (Dec 24, 2008)

Ok so picked a biz name (not that im close to opening a biz yet, just getting my ducks in order but i tend to work in a million directions at once so... yeeeah)...

this particular business name (which I wont reveal at this time) is AWESOME... I feel it totaly encompasses me and my endeavors as well as ideologies BUT... there is a business in NJ (im in FL) that does massage/body work (currently out of biz due to health probs) with the same name and before that i know of a surf shop that went out of business where i used to live that had the same name as well (where i got the idea from)...


now... do I

A) say screw them all and just try to register it... since mine will be a slight variation because of the "soaps/accessories" or whatever i decide to tack on to the end (ill be cert for massage in June so something along those lines might follow.)

B) call them and ask permission and try to pitch it to them like hey listen..Im in FL. your in NJ... lets trade out of state referrals (ie if my client is in NJ i say....listen i know you cant get a massage from me this week because your going out of state BUT there is a great bodyworker up there blah blah blah blah....)

C) choose another name (dont choose this answer ...) 



no seriously though... what should i do!?!?! lol


this name is sooooooooooooooooooooooo perfect!


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## Bigmoose (Dec 24, 2008)

Hello Ian,

I heard from a friend who heard from a friend who heard from a friend that if you are the first to copyright that name it is yours.  The rumored cost is about $300.  A tax man friend of mine also said something about registering with the IRS as if you were getting ready to have employees on the payroll.  He said the IRS would not allow to companies to be in thier books with the same name.

Good luck and hope all goes well.

Bruce


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## digit (Dec 24, 2008)

IanT said:
			
		

> this particular business name (which I wont reveal at this time) is AWESOME... this name is sooooooooooooooooooooooo perfect!


Just whisper it in my ear..........
	

	
	
		
		

		
			





Digit


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## IanT (Dec 24, 2008)

thank you for your reply.... now is that for the EXACT name or if i change say... the ending ie from 'bodywork' to 'soaps & accessories" or something . do they base it on the collective name or just the 'blankity blank..."


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## Lindy (Dec 24, 2008)

Hey Ian,

I can't speak for the States although I doubt it is that different.  Here in Canada you can either register the name nationally or provincially.  If you register it nationally then no-one else can use it in the country, provincially then you are only a registered company in that province and someone in the next province can register the name to themselves, however, let's say that there is a company that is Malaspina Massage (which there is) and I want to be Malaspina Soaps (which I am - okay so I'm really Malaspina Soap Factory) then there is no conflict because the name as a whole is different.  HTH

Merry Christmas
Lindy


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## Tabitha (Dec 25, 2008)

I would say: A


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## IanT (Dec 25, 2008)

thank you allllll very much for the insight!! ok so im going to put this on my little roster of stuff to do when i get back home


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## NancyJo (Dec 26, 2008)

Just another thought, are you planning to have a website?  You might want to check if it is available, that may determine how you want to proceed.

Years ago, I picked out a name, made labels, the whole nine yards only to find out when I wanted to start a web site, it was taken.  Years later, it was available, so I got lucky and changed my name back to what it was originally.

If it is available, you might want to spend $10.00 a year, just to have it when you want to start a web site.


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## IanT (Dec 27, 2008)

checked in on it and it is still available!! 

might have to register a domain name asap so i dont lose it cause that would suuuuuck!


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## Tabitha (Dec 27, 2008)

You may or may not want to register variations of it too.

As soon as I registered my domain name (deleted), someone snatched up (deleted), Considence? No way!


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## carebear (Dec 27, 2008)

Bigmoose said:
			
		

> Hello Ian,
> 
> I heard from a friend who heard from a friend who heard from a friend that if you are the first to copyright that name it is yours.  e


if it is already in use, even if it's not yet copyrighted then it's actually not yours from what I've read.  i.e., you will likely lose if sued.

"The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required.  The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand."  (http://en.wikipedia.org/wiki/Trademark) and in the day of the internet it's not unlikely that the "reasonable" area would potentially be enormous. 

if the domain name is in use then I wouldn't go with that name, even if you have one that's close to what you want - it's like establishing someone else's identity.

I choose (c) - sorry.


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## Tabitha (Dec 27, 2008)

> if the domain name is in use then I wouldn't go with that name, even if you have one that's close to what you want - it's like establishing someone else's identity.



Unless I read wrong, the original post stated there were 2 biz with similar names & both were out of biz at this time.


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## carebear (Dec 27, 2008)

Thanks Tab - I got all turned around by the post (must be the beer LOL).

But anyway, if you can't get the domain name you want - well think twice or thrice.


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## NMAriel (Dec 28, 2008)

I'd say "A", too.  And here's why.   Back in 1990 I started a pet sitting business and filed the  fictious name with the state of Florida.  I was the FIRST one with that name that "I" made up and created.  Well, a couple of years into it I had to move to a different city, and closed my business and never kept up with the registration papers.  When I went back home and tried to start up the business again in 2001 I went online to find my papers and there were 3 PAGES of businesses throughout Florida with the exact name as mine, doing the same thing.  I was shocked and PISSED OFF that all of those people stole my name, and IMO too lazy to create their own.  So, YES you can have the same name.


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## IanT (Dec 28, 2008)

NMAriel said:
			
		

> I'd say "A", too.  And here's why.   Back in 1990 I started a pet sitting business and filed the  fictious name with the state of Florida.  I was the FIRST one with that name that "I" made up and created.  Well, a couple of years into it I had to move to a different city, and closed my business and never kept up with the registration papers.  When I went back home and tried to start up the business again in 2001 I went online to find my papers and there were 3 PAGES of businesses throughout Florida with the exact name as mine, doing the same thing.  I was shocked and PISSED OFF that all of those people stole my name, and IMO too lazy to create their own.  So, YES you can have the same name.




oooo well look at that im in FL too!


Im gonna do some more research and try to register my name online, then ill tell you alll about it once i register the domain name as im sure most of you are burning to know!! 



thank you everyone for all of your helpful info/insight... really appreciate it!


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## Guest (Dec 28, 2008)

*name*

I have one question.

Would you really want to have a name that is close to or the same as a company that has a dubious reputation? Are you concerned that your company may be confused with the one that is now out of business?


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## heartsong (Dec 29, 2008)

*x*

may i suggest this too:

on a letterhead with your biz name document something like a soap recipe and then get it notarized.  i did that with a couple things of mine before i could afford to copyright them.  it shows "intent" in the eyes of the court.


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## IanT (Dec 31, 2008)

*Re: x*



			
				heartsong said:
			
		

> may i suggest this too:
> 
> on a letterhead with your biz name document something like a soap recipe and then get it notarized.  i did that with a couple things of mine before i could afford to copyright them.  it shows "intent" in the eyes of the court.



good idea!!

soapmom- not really too worried about any backlash or confusion with the name... both the places which are out of biz were small and targeted a very small community of customers so im not too worried bout that


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## Lindy (Dec 31, 2008)

Ian - I so need to know this name of yours................ :?  :?  :? 

The suspense is killing me.....sheesh...  

Cheers
Lindy


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## IanT (Dec 31, 2008)

lol.... soooon enough ... even if no one thinks its that great i love it and i am already thinking of wording (just in my head... lol ... yeaaaah i do that)... for advertisements etc... the how this company came to be blurb lol...


aaaaah.... Im going to take your example lindy and check into some things on registering today... ... will let ya know how it goes!


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## Lindy (Dec 31, 2008)

Well ~~~~~~~~~~~~~~~ I might survive a few minutes longer ~~~ maybe......

Registering the business as a sole proprietorship is so much cheaper than incorporating.  I do plan on taking the business to that level within the next 6 months if I feel it warrants it.....

~~~~~~~~~~~~ checking to see if still alive - - - yup but maybe not for much longer......dying here..... :?  :?  :?  :?  :?


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## digit (Dec 31, 2008)

*Re: x*



			
				IanT said:
			
		

> heartsong said:
> 
> 
> 
> ...


Most excellent idea!!! And because I am SUCH a wonderful person, I'll help you with this. Write a statement on letterhead, promising me free, unlimited massages and spa treatments of my choice at any of your facilities, have it notarized and send it to me. Okay? 



Digit


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