Never heard what some of you guy's company names were. Anything clever?

You can go to the NWCOA.com website and see member listings for each region. That would be a start. Here's the link for the central region:

http://www.nwcoa.com/centralregion.html

Here is mine

Anyone thinking of a name should make sure to check their state business registrar (usually found with the Secretary of State information) as well as the US Patient and Trade Mark listings (www.uspto.gov) to make sure the name and/or logo isn't already taken and/or registered on a federal level.

For federally registered names, you have to be careful when creating a company name/logo as it is a violation of the mark to use a name/logo that is too similar or can be readily confused, regardless of what state you are in. For example, I own the federal service mark (which most refer to as trade mark, but technically that is incorrect) to "Bats, Birds, & More". This means that if someone decides to use the name Bats, Birds, & Beyond, Birds, Bats, & More, Birds, Bats, and Other Stuff and is offering wildlife resolution services, they would be in conflict with my service mark unless I give them permission to do so. However, if someone wants to do a name such as Bat Rid (I don't know if this is a true name or not as I'm making it up for this example), it most likely is fine.

Two other well known service marks for wildlife work include Critter Control and Wildlife Services (owned by Christian Agnew, not the government agency).

Eric I appreciate your wisdom sharing. I searched the trademark database to make sure that the words "wildlife control" aren't listed. They are not listed by themselves but they are listed in trademarked names. Does that mean that "wildlife control" cannot be used in a new name?

Buckeyehunter,

That really is a legal question specifically for a lawyer that specializes in intellectual property. My guess is that the answer will depend on how they are used and what is actually registered

In most cases, when "common" words are included in a service mark the individual/company registering the mark has to sign a "release" stating they do not have exclusive rights to all or most of the words in the mark. In my case, it was bat and bird as "more" has no protection being too common of a word. That is why someone could make a name that includes the word bat or bird (i.e., Southeast New Mexico Bat Removal may be acceptable), but prevents them from using a name that can be confused with mine (i.e., Birds, Bats, & Beyond of New Mexico) without getting my permission.

Im a little concerned now because I had been giving some thought to starting a nuisance control business which included the words "Predator Control". I did a quick google search and found at least 3 other nuisance control businesses that included those same words. I believe "Predator Control Group" had a little TM symbol next to the name.

Don't worry about the words wildlife and control. They're too common to be taken to court. Our company is Advanced Wildlife Control.

Jack Ammerman is one of my fellow columnists in WCT. His company is also Advanced Wildlife Control. There must be a half a dozen of

us in the country and I really don't think we care. Even if someone was dumb enough to try and trademark that name, Jack and I were

here first, so you can't touch us. The only time we would take you to court is if you were in our area and used our name to steal our

business. ( And usually a threatening letter from an attorney will do the trick ) I would think that the word "Predator" is too

common to win in court also. If you're going to trademark a name it should be unique. Take WCT's name for example. I've caught Birds

and I've caught Bats, but I've yet to catch a single Beyond.

Mike,

I'd consult with an intellectual property lawyer. When you register a service mark with the Federal government, you use the circle with an R inside of it, not TM. TM is short for trade mark, but there are different legal rights between the two. As Clint does work throughout the US, I'd definitely check with someone before registering a name.

The other thing to think about is how many of your customers realize what your company name means. Just because it is something that makes sense to us, does not mean it makes sense to our marketing base.

Thanks for the advice everyone. I looked a little closer at the mark on Clint's website and I was mistaken. It is actually a copyright symbol (not trade marked) which I believe is used simply as a reminder to others that the material on the website cannot be used without the owners permission.

Mid-South Critter Getters. We are located in the Memphis,TN area. We are just getting started and are planning to launch our business at the first of the year.

Critter Getters; now there's a name that's as popular as ours.

A little confused, I entered Wildlife Services in Sec. Of States Name site for Va and a ton of names came up with that in the title. So as long as Its abc wildlife services and not Wildlife Services its OK? Its my understanding if the SEC of state says its a good name, then you can use it in that state????

Kurt Temple

Kurt,

That is an incorrect thought. The Sec of State isn't going to stop you from registering a name because it already exists or has service mark protection. Most states even have something that says this if you dig enough. Actually, if that was the case then there would be no need to get a service mark. Bottom line is that it is the register's responsibility to ensure the name they are registering can legally be registered and not the states.

Registering a name can be difficult which is why I keep saying anyone with questions on it really should check with a lawyer. There is first use, fictitious names, registered names, service marked names, service marked logos, trade names, etc. which need to be researched and considered.

Our business is becoming very competitive and growing in such a way that unique key word or phrase use is greatly limited. I think that there are several businesses with the exact same name that we use and have for nearly 40 years. So duplications of words or business names are becoming like naming a child.

Where you can run into legal challenging issues is with large companies and franchise names trying to keep their name associated with that sole company or a smaller operation that goes to great lengths to establish a specific name through the legal system.

As Eric states there are so many angles to do a start up business name and logo that it may not be challenged or it may be down the road.

I had a similar situation a few years ago from a deer scent business out west. They had been running an operation and didn't go thru the same steps of name use and trademark establishment etc. as I had as they had assumed. They found my company on the web and called me. I had to provide our by business established date and dated advertising material showing the use of our name/logo which preceded his name establishment date. His attorney didn't pick up on a nationwide data search as our name had been documented and registered without his knowledge.



Of course back in the seventies we didn't have the easy resources like the internet to make that job easier and faster to complete accurately.

There are so many names duplicated in various businesses that they usually never become a problem unless they are in direct competition with another party in most cases. Then it can become a potential legal issue between the parties.

An interesting discussion.

Just as a note we filed an LLC application with NM a year ago and received a letter informing us that another company already had a name that was "similar" which indeed it was. They were basically defunct and this wasn't a wildlife related industry we had filed but just saying that here they did a search when we submitted the paperwork and rejected the name and our fee, stating please select another name and refile.

Probably different in every state and I agree 100%, should search if you can to know if you are copying someone. For many reasons.

Justin, that sounds really dumb on NMs part. If that's the case, how come General Electric and General Motors aren't suing each other?

Nope, Day one I didn't think about it and went up and registered my name as Critter Control. Some nice folk on here pointed out that that is a major franchise name. The fault was on me, I had to pay to unregister it and register a new name.

Is that legally true, or just your opinion?

I mean that sincerely, if you can prove that you were using it for an extended period is there like a common law trademark, or would Paul just not care if someone tried to sue?

That is true. If I remember correctly Critter Control could not do a thing about a company ( I believe in Minnesota ) because they

had the name first. Just because our name is registered doesn't mean you can't take the same name. The only time it would become a

problem is if you are in my part of Wisconsin and I ask you to quit using my name. I really don't care if there is an Advanced

Wildlife Control in every state in the union. I actually think it's good for business. There are companies that start their name with

Advanced Wildlife in Pennsylvania, Maine, Connecticut, Ohio, Florida, Virginia, Michigan, Missouri, New Hampshire, Indiana, Canada,

and who knows where else. I just consider them all to be subsidiaries.