I made up a name for my company and then found it was being used by someone else!

So, I have to change it.
Does anybody know the way to do this? Or do I just choose any name that I like for the company?

What do you think?

Hi Ran Man,

1) What is the name you picked?

2) What industry is the company that is using your name in?

3) I have a computer game company (Flat Cat Studios), that is also the name of a small rock band. Since the Industry's are different that's cool, legally. My IP lawyer is part owner and did the company name registration.

4) My last company we named we used a Greek word "Askisis" which mean exercise. That has worked out well no hits in the USA trademark office on that one.

Take a look at www.uspto.gov do a trademark search.

Ken

Hi Nardulus,

Actually, come to think of it, the name did come from a distributor of Noah 1, who suggested that I not use my own name as a company. This was due to marketing concerns.

So, he suggested instead of my name of

Randall Alaimo

that it be:

RA Games

Well that seemed nice, but RA Games is actually somebody else company it seems.

Real Action Games - RA here!

Now, you can see Noah 1 listed under RA Games below also.
This is one of many sites:

http://www.softplatz.com/Info/RA-Games.html


So, I guess I need to change the name right bro?
I cannot just use any name that I think works, but have to make it legal... Hmmmnnn...

I should use that site link that you posted above to do it right? What do you think?

Thanks and nice hearing from you again,
Ran...

You actually you get some ley way when you use you own name.

Like Patterson Games, because it is my legal name it can be used by me, even if there is a Patterson Game somewhere else. Confusing and probably not practial. But there are many Disney business's that are not part of the Disney Corp group, this is because, the person who owns the business has a legal name of Disney.

RA Games is boring.....

If you are going to be focusing on Noah related games why not try something to do with the Noah story.

Big Flood Games, (Ha, I love the term Big in company names.) (BFG.... Now thats funny)
2 by 2 Games
Ark Studios
Big Ark Studios
Noah's Ark Studios
40 Day's Studios

Have some fun with it.

You are free to be Alaimo Studios / Games....

Go for something fun....

Ken

Hi Ken,

Hey that sounds cool!

Yes, change the name! RA Games is boring anyways.

I was thinking of PRAISE STUDIO'S and I made this animated sequence below for it.


Do I need to register the name as a trademark? Or just use it?
What do you think?

Praise Studios is a very good name. It's clear at the USPTO also.

It's will cost you approx $500 to register the trademark. Yes I think you should do it.

The other way to establish a Common Law trademark is to sell a copy of your game using that name to some one out of state. That interstate transaction establishes a common law trademark. The problem here is that it is not on file at the US Trademark office so others may be able to use that name, until you shut them down, using lawyers, $$$. Since they will be able to claim they did not see your name at the Trademark office, they will have a chance to get some favorable terms as far as time frames to change their name.

If you need help on this, let me know and I can put you in contact with my IP attorney.

Ken

Oh I see.

Thanks and Merry Christmas !

Merry Christmas to you also...

One more thing, having Praise Studio's offically trademarked, helps you when it comes to naming games.

I.E. "Praise Studios Noah's Adventures" is a totally legal name for you even if someone is already using the term "Noah's Adventures".

See you have added your trademark name to a possible conflicting name, because you have prefereced the game name with your Trademark "Noah's Advenutres" you are cool. Basically you arre free to use about anything after your trademarked name. "Praise Studios Half Life" is actually a legal name for you.

Ken

Hey Nardulus, perhaps you know, but would it be of any use to register my company's name in the US? That would mean it's registered both in the Netherlands and the US. Would this give any advantage or make sense to do? Could one register a name just in the US and still have 'full rights'? Just a quick thought,

Cheers

Hi PHeMox,

If you plan on selling your software in the US or doing business in the US under your company's name, then yes I would recommend registering with the USPTO.

As I said it will cost you around $500 for an IP lawyer to register your trademark. Assuming there is no opposition to your name. I.E. Opposition is when your mark infringes on some one elses trademark.

A registered trademark is a very valuable thing. Having it registered mean's you can also sell it, when you sell your IP, Brand or Company to some one else. Trademarks have the value of the registration plus all the intangible good will related with the trademark / IP.

For example you have some success with "Potatoe Guns" and you want to sell that IP to some one else. If the trademark is not protected then there is no protection for the buyer. With no IP protection someone else could legally use the name "Potatoe Guns" for another game and confuse the buying public, hell, if they register the trademark and you dont they could then steal the trademark and your goodwill. This would kill most IP sales. So having a simple legal instrument like a trademark that can be legally transefered and has all the rights afforded a trademark, is actually what a buyer of IP's would want.

Basically if you are serious about selling software in the US, and your trademark is important to you, and if you can afford $500 then you should consider it.

Ken