There are many companies that currently include "gramaphone" or "gramophone" in their names. See < http://bit.ly/19Ahqx > and < http://bit.ly/gaux9 >. There is no trademark infringement concern. One or more of those companies may try to assert their trade name rights however. Especially if you're operating in the same state and offering the same goods or services for sale. You should chat with a business law attorney registered to practice in your state.
You can find out by going to the website of the office of Patent and trademark and searching their website. If it is not taken you can register it as your trademark and prevent others from using it
Choosing a business name is a big decision, and there are several different issues involved, including use of a name as a corporate name (or LLC name), use of the name as a trademark, and use of the name as a domain name. Whichever one you mean to use, you're best off hiring an IP/business lawyer to help you structure your business and choose available names after checking to see who else is using that exact name or a look-a-like or sound-a-like name. a little money spent now is a good investment in your company's future.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
I have to agree with Ms. Koslyn. Determining a proper name for your company is not just about whether you can use a name or not (as in whether or not someone else is using it.) It's an analysis that should take into account your long terms goals and advertising needs. One of the issues that might arise in using 'Gramophone' is that it might be considered "descriptive" by the USPTO should you ever want to secure a trademark registraion. That would possibly be the case if you are producing some kind of phonorgraph related product and means roughly that you would not be able to stop someone else using the term 'Gramophone' in a similar fashion. Again, you probably should consult with an attorney in planning your business foundation. One other practical tip, you must determine if your proposed company name is avaiable (assuming you are forming an entity) with the New York State Department of State.
I hope this helps.
Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.
