Can I use this name for my new business?

[nathonhay]

My new business is marketing for local retailers and restaurants (in Dallas, TX) using online resources. My main service is to update their Google and Internet yellow pages business listings.

I want to call my business Headlamp Marketing.



TESS2 Shows these results for "Headlamp":

1. Word Mark - HEADLAMP
Marked Drawing Code - (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
LIVE

2. Typed Drawing - HEADLAMP
Marked Drawing Code - (1) TYPED DRAWING
LIVE



They are a software company out of California described as "COMPUTER CONSULTING SERVICES FOR THE CREATION, DESIGN, DEVELOPMENT, AND MAINTENANCE OF GLOBAL COMPUTER NETWORK SITES ON SERVERS ACCESSIBLE OVER GLOBAL COMPUTER NETWORKS; COMPUTER SOFTWARE TECHNICAL SERVICES, NAMELY, TROUBLESHOOTING SERVICES, PROVIDING TECHNICAL INFORMATION, CUSTOMER ASSISTANCE, AND PROVIDING SOFTWARE ENHANCEMENTS, UPDATES AND SOFTWARE TOOLS FOR COMPUTER HARDWARE AND SOFTWARE PROBLEMS".



Can I use "Headlamp" as the primary word in my business name, Headlamp Marketing?

Thank you,
Nathon Hay

 

[army judge]

My new business is marketing for local retailers and restaurants (in Dallas, TX) using online resources. My main service is to update their Google and Internet yellow pages business listings.

I want to call my business Headlamp Marketing.



TESS2 Shows these results for "Headlamp":

1. Word Mark - HEADLAMP
Marked Drawing Code - (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
LIVE

2. Typed Drawing - HEADLAMP
Marked Drawing Code - (1) TYPED DRAWING
LIVE



They are a software company out of California described as "COMPUTER CONSULTING SERVICES FOR THE CREATION, DESIGN, DEVELOPMENT, AND MAINTENANCE OF GLOBAL COMPUTER NETWORK SITES ON SERVERS ACCESSIBLE OVER GLOBAL COMPUTER NETWORKS; COMPUTER SOFTWARE TECHNICAL SERVICES, NAMELY, TROUBLESHOOTING SERVICES, PROVIDING TECHNICAL INFORMATION, CUSTOMER ASSISTANCE, AND PROVIDING SOFTWARE ENHANCEMENTS, UPDATES AND SOFTWARE TOOLS FOR COMPUTER HARDWARE AND SOFTWARE PROBLEMS".



Can I use "Headlamp" as the primary word in my business name, Headlamp Marketing?

Thank you,
Nathon Hay

Sure, you can.

Google the phrases "Pizza Palace" and "Main Street Grill" and see how many business share that name in different cities and states.

Go ahead, use Headlamp Marketing and light up the way to making money!

 

[nathonhay]

What's the point in a trademark if anyone can use the same name?

 

[army judge]

What's the point in a trademark if anyone can use the same name?

The Law Professor is an expert on trademark and copyright law.

He's written countless articles on it and given lectures about it.

He'll provide a better answer than I could.

Until he gets here, I'll attempt a feeble and inferior explanation, think of tissues and Kleenex.

Think of Puffs and tissues.

Those are very specific names.

But, common, everyday words, aren't (and can't become) trademarks.

Puffs and Kleenex created names (words) which they later copyrighted/trademarked.

Headlamp, on the other hand, is a just another word in our lexicon.

You add marketing to it, you're NOT trademarking/copyrighting Headlamp; you're trademarking/copyrighting "Headlamp Marketing".

 

[nathonhay]

Army Judge,

Thanks for your help.

Nathon