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I am trying to start a production company. I read somewhere that all I have to do is make sure the name isn't used anywhere or anything similar to it and I should be ok to use the name. Is that right? Also I read that one I use the name as a brand and get revenue from it, it will become a trademark on its own. Is that also right? Thank you.
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That is substantially correct, although the standard for trademark infringement is lower than the distinguishability requirement to get a corporation name registered. In order for a corporation to be accepted for filing, in general its name must merely be distinguishable from that of any other registered corporation. Thus, you could incorporate "Xeroxe Corp." because it is not identical to any other corporate name. However, you could not sell copiers under the name XEROXE because it would be confusingly similar to the XEROX registered trademark. In general, if you plan to use your corporation name as a trademark, you will want to do a full trademark search to establish that it is available as a trademark.
Answered on Nov 16th, 2012 at 10:22 AM