What is the name of your state (only U.S. law)? Maine
Hello, I am attempting to come up with a name for my photography business. I would like to use my name, but as my name is rather common I cannot come up with any unique combinations.
From what I can tell, the name "Laura Louise Photography" is not trademarked, but I have found a couple very small facebook pages in other states. All relevant domain names are available.
Based on the size and infrequent posting of the other "Laura Louise's" out there, I don't anticipate either one of them becoming trademarked and nationally known, but don't want to set myself up for a lawsuit.
Should I be concerned? What can I do to protect myself?
Thanks,
Laura
For very basic, general information:
A name becomes a trademark through the use of the name in commerce to identify goods and services. Unlike other countries, in the US there is no need to federally register a trademark to gain
rights to a name (although registration provides a trademark holder with additional protections should the mark be infringed by others). The rights to a name come through the use of the name in commerce.
The first to use a trademark as an identifier for goods and services, therefore, will become the presumed owner of the mark and can potentially challenge the use by others of any confusingly similar mark (or can oppose the federal registration of the same or similar mark by others).
You will need to register your
business with your state. If there is a name registered that is the same or similar as the one you want to use, your state generally will not allow the same/similar name to be registered. You would need to find a different name for state registration, this whether the other registered name is in the photography business or not. For example, if there is another "Laura Louise" registered, you may have to register your business with your state as "LL Photography" with a "doing business as" Laura Louise Photography, even if the other Laura Louise that is registered has nothing to do with photography.
For federal registration, on the other hand, you can potentially register a name that is the same or similar to someone else's name if your goods or services are in a different class and the use of the name is not likely to confuse consumers as to the origin of the goods/services. Therefore, and again as a general rule, there can be several "Laura Louise" marks registered but only one "Laura Louise Photography." Other Laura Louise marks could be registered if the marks are used to identify, for example, ice cream products or jewelry. Consumers would probably be unlikely to confuse Laura Louise Ice Cream or Laura Louise Jewelry with Laura Louise Photography.
Everything changes if the trademark is a strong mark to begin with (such as an arbitrary or fanciful mark). The holder of a strong mark can prevent all other uses of the mark (e.g., no one else can use the name "Google" without infringing on Google's rights to the name, regardless of the product or service being offered).
It appears you have already done a cursory trademark search and have found other Laura Louise's but no Laura Louise with a business marketing goods or services. That is a good indication that your use of the name Laura Louise Photography will not infringe on the rights of anyone else. A personal review by a legal professional in your area is always wise and advised, however, this to best ensure your business is off to a good and legally safe start.
Good luck.
