quick and easy trademark question

[JohnG]

If I use my last name for my company

like "Smith Roofing"

although in this case it'd be "Smith Game Studio"

People's names can't be Trademarked right?  So I don't have to worry about registration or trademark infringement correct?

Please answer quick so I can finally resolve this whole annoying company naming thing.

PS.
My name isn't Smith, just making an example lol

[Ben O'Neal]

Here in Australia I think it has to be something like "LastName, Profession", like "Smith Carpeting", or "Smith Cleaners". I'm not 100% certain but I think "Smith Game Studios" wouldn't be allowed, but "Smith Game Design" would.

I could be wrong though. And I'm an Australian anyway, so even if I'm right it may not apply to you.

-Ben

[Mark Johnson]

People's names can't be Trademarked right?  So I don't have to worry about registration or trademark infringement correct?

Wrong, just ask Billy Joel(R).

[JohnG]

yeah but Billy Joel is a complete name, and I doubt he could sue someone for Joel Roofing Supplies.  He could probably sue for Billy Joel Roofing.

[jdagna]

yeah but Billy Joel is a complete name, and I doubt he could sue someone for Joel Roofing Supplies.  He could probably sue for Billy Joel Roofing.

It might be a useful distinction to make that anyone can sue for any reason just by filing the suit.  When most people say "he can sue" they mean "he would have a case that's likely to win," but Billy Joel could file suit against Bob's Roofing Supplies if he wanted to.  That's part of why you see so much paranoid advice out there - it's essentially legal to harrass your opponents to death with law suits, and is sometimes done (hence some of the paranoia that exists in IP fields).

Anyway... the more unique your name is, the better.  I don't think you need to worry much about it, but more than one company has grown large enough to regret a hasty decision.

PS: As bad as trademarks are in the US, they're better than most other countries.  My wife used to work as an admin assistant in an international patent and trademark firm.

[JohnG]

perhaps.

My dad knows a high profile lawyer though so if I'm in major need I can probably get help from her.  Hence my lack of serious concern as long as my name is unique enough and any similarities aren't harmful to other businesses.

I've seen no instances of my last name on the trademark search thing in any way.  In fact I dare you to find any instance of my name anywhere for that matter.

For the sake of legal safety I'll be going with my last name for my company.  I just bought the domain name and I'll be getting the appropriate licenses for all that "Doing Business As" stuff.

[Space Cowboy]

If I use my last name for my company

like "Smith Roofing"

although in this case it'd be "Smith Game Studio"

People's names can't be Trademarked right?  So I don't have to worry about registration or trademark infringement correct?

Please answer quick so I can finally resolve this whole annoying company naming thing.

PS.
My name isn't Smith, just making an example lol

If you're looking for a quick and dirty answer (don't quote me on this), I think that a trademark is any name, design, logo, sound (like NBC's three-note chime), or any other thing that designates the source of goods or services and that is used in commerce (i.e., you don't have a trademark if you don't use it on goods or services that are sold).

A trademark only gives rights to the holder in the industry that it is used in, as well as "the natural zone of expansion".  Thus, "Smith Game Studio" and "Smith Roofing Company" aren't going to conflict because they are not in the same industry.

That said, I'd check with your father's lawyer friend or an intellectual property attorney for specifics.  She can also tell you the difference between a trademark and a registered trademark.