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Looking to come up with a domain name and slogan for my website.

Los Angeles, CA |

I am looking to come up with a domain name for my new website. The goal of this domain is to help the site develop into a brand. That the name will be memorable for users to come back and remember. I have hired a professional company that specializes in coming up with these names as well as slogans for me to use. The concern is that when they provide me with this list to choose from of names to use that another company somewhere in the world is using that name. I need your advice on how I should avoid this problem.

Attorney Answers 4

Posted

Choose your favorite names and give them an order. Then retain an Intellectual Property firm that does such searches. In addition, you want to ensure that the name is not in the public domain. If it is then you lose your identity. Coke, Kleenix and Xerox ran across that problem.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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2 comments

Asker

Posted

What is the name of the search that they would need to run? Is it a trademark search?

Asker

Posted

What about the slogan? Do you need to do a search for that as well?

Posted

Once you have chosen your favorite name from the list contact an intellectual property lawyer to run a search and file a trademark.

This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.

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Posted

To avoid the issue of trademark infringement by adopting a brand name and domain name that someone else is using, the best practice is to conduct a trademark search and clearance report, and receive consultation from an experienced trademark attorney on the trademark-ability of the brand of your choice. Assuming the mark is protectable, the attorney can advise you on securing trademark registration, domain names, and social media properties under the chosen moniker, and prepare and file the trademark registration with the United States Patent and Trademark Office.

That aside, I'd like to also hear about your business plan, the website development plan and strategy, and the revenue strategy. If you'd like to discuss by phone or come into the office, feel free to contact me.

David N. Sharifi, Esq.
Attorney | Consultant
LA TECH & MEDIA LAW FIRM
8052 Melrose Avenue
Los Angeles, CA 90046
O: 310.751.0181 | M: 310.999.2181 | F: 310.882.6518
www.latml.com | david@latml.com | @latechlaw
www.linkedin.com/in/davidnsharifi

DISCLAIMER:
If you have a question about this post or would like to schedule a free consultation with David N. Sharifi, contact us at avvo@latml.com or visit www.techandmedialaw.com. Main Phone: 310-751-0181. This content is a discussion of legal issues and general information; it does not constitute legal advice and should not be used as such without seeking professional legal counsel. Reading the content does not create an attorney-client relationship.

If you have a question about this post or would like to schedule a free consultation with David N. Sharifi, contact us at avvo@latml.com or visit www.techandmedialaw.com. Main Phone: 310-751-0181. This content is a discussion of legal issues and general information; it does not constitute legal advice and should not be used as such without seeking professional legal counsel. Reading the content does not create an attorney-client relationship.

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Posted

One of the main jobs of intellectual property counsel is to conduct a "clearance analysis" when clients propose to use specific trademarks to brand their businesses. Before choosing a trademark, you need to retain experienced counsel to conduct a clearance analysis. This is the only way to avoid the problem that you are concerned about.

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