Choosing your business name...

[organophile]

Hi all,

I've recently began producing home fragrances, and am looking to start my own small business to sell them.

I've had a few very good names I've come up with, and come to find that many of them (surprisingly) are in use by other companies. I am still not convinced that this is the end.

I have one name in mind, that I'm very intent on. It's currently used by a mobile home manufacturer corporation, but so far as I can tell, is not trademarked.

What are the laws on this? Their company uses the name and appends "Mobile Homes, Inc" to it. If I were to use the name and append "Home Fragrances" to it, is that legal?

It's obvious to me if there's a company named, let's say, Shell Home Furnishings, I can't use that exact same name.

Am I safe with more or less any generic name I choose, so long as "home fragrance" is part of the company name (to run down the chances of it being used in that form) or not?

My products are going over well, but it is a real handicap to not yet have a name I'm pleased with, or sure if I can even legally use!

Thanks!

 

[Michael Wechsler]

You ask a very good question. Trademarks are applied to difference "classes" since they can mean different things. Acme Power Tools might be a completely different product as Acme Soda and there would be no confusion in the mind of the public that the company selling power tools is not the same company as the soft drink company. Trademark was created in order to prevent a likelihood of confusion as to the origin (or maker/provider) of a particular good or service. In your case it would seem that unless the trademark is registered in the appropriate class, you'll be fine. If you file for a trademark you'll see how this works... best of luck to you and hope to see your product at a Macy's near me.