Is my company name in Jeopardy!? (tm)(sm)(r) *(Jeopardy! is owned by those people who employ Alex Trebeck, I think.)
Every once and a while I type "Ataraxis" or "Ataraxis Software" into Google to see what results are returned.
As usual, this blog, the blog about me starting my own software company named, Ataraxis Software ™, is #1 on the list. (We'll get to that whole "TM" thing in a minute.)
Well today, on the second page I find this:
Here is a link to thier web site: http://www.ataraxisglobal.com
Their domain was registered in December 2004. I registered ataraxissoftware.com on February 15, 2005. The founder, also founded a company named, Information Management Resources, Inc., and co-authored the book, "The Other Side of Midnight, 2000."
And here is my obvious problem....
The name of the company is, "Ataraxis", and I *think* they sell software and services. The web site is a little vague, but they have a purchasing page, which at the time of this writing doesn't work, for stuff that looks like a software service. (I am NOT trying to knock the company's web site. I just can't tell EXACTLY what their product is - it's probably because I'm so shocked at finding this I can't see straight.)
The name I've chosen for my company, and blogged under for most of this year is, "Ataraxis Software". I will be selling software (possibly as a service).
I'm so in love with the name, "Ataraxis Software", it's not even funny. It completely personifies what I envisioned as my company's ideology. "Ataraxis: the absence of mental stress or anxiety"
Not to mention my blog and it's XML feed are under the folder, "ataraxissoftware", on my michaelsica.com domain. I don't the readership levels of the big guys like Joel or Eric, but just over this past weekend I had about 400 visits to my XML feed. That's not to shabby, considering I haven't even finished my product. (I'm well aware that some of those visitors could be search engine robots...)
I searched high and low for other "Ataraxis" software companies when I chose the name, "Ataraxis Software". And I never came across "ataraxisglobal.com" - that site probably wasn't even up back then.
I really don't know what to think or do. I feel like someone just kicked me in the gut.
Update 9/1 @ 1:00 a.m. I just finished the trade mark application for "Ataraxis Software". I don't want to lose the name, "Ataraxis Software". I like the complete name, "Ataraxis Software", too much!
For those of you who have been following my blog since it started, you may remember this post
where John Topley asked me if Ataraxis Software was trade marked because I had the ™ symbol at the end of "ataraxis software" (which I've since changed to "Ataraxis Software"). "Trade Marking" in the U.S. is simple, yet complex. Allow me to explain. NOTE: I am NOT a lawyer or expert in the field. This is simply my understanding and it could be completely wrong. I provide links to the US trademark and patent office at the end of this post.
Let's say you come up with a name or logo/name for a company, product, or good. When you represent your company, product, or good and you place the ™ ("TM" symbol) at the end of it you're marking it as your symbol of trade. I.e. It is your formal way to annouce to the world you are using it to mark your product or company as such. Now, "registering" a trade mark is something different. I'm sure you've all seen the ® ("R" symbol) at the end of certain trade-marked names. That means someone applied and was granted that trademark by the government. For an "official" explaination of all of this you can visit this page of the US government's official trademark & patent web site.
I'm not sure how long it takes to have a trade mark application go through the process, but (of course) I'll keep you all updated!
As usual, this blog, the blog about me starting my own software company named, Ataraxis Software ™, is #1 on the list. (We'll get to that whole "TM" thing in a minute.)
Well today, on the second page I find this:
Here is a link to thier web site: http://www.ataraxisglobal.com
Their domain was registered in December 2004. I registered ataraxissoftware.com on February 15, 2005. The founder, also founded a company named, Information Management Resources, Inc., and co-authored the book, "The Other Side of Midnight, 2000."
And here is my obvious problem....
The name of the company is, "Ataraxis", and I *think* they sell software and services. The web site is a little vague, but they have a purchasing page, which at the time of this writing doesn't work, for stuff that looks like a software service. (I am NOT trying to knock the company's web site. I just can't tell EXACTLY what their product is - it's probably because I'm so shocked at finding this I can't see straight.)
The name I've chosen for my company, and blogged under for most of this year is, "Ataraxis Software". I will be selling software (possibly as a service).
I'm so in love with the name, "Ataraxis Software", it's not even funny. It completely personifies what I envisioned as my company's ideology. "Ataraxis: the absence of mental stress or anxiety"
Not to mention my blog and it's XML feed are under the folder, "ataraxissoftware", on my michaelsica.com domain. I don't the readership levels of the big guys like Joel or Eric, but just over this past weekend I had about 400 visits to my XML feed. That's not to shabby, considering I haven't even finished my product. (I'm well aware that some of those visitors could be search engine robots...)
I searched high and low for other "Ataraxis" software companies when I chose the name, "Ataraxis Software". And I never came across "ataraxisglobal.com" - that site probably wasn't even up back then.
I really don't know what to think or do. I feel like someone just kicked me in the gut.
Update 9/1 @ 1:00 a.m. I just finished the trade mark application for "Ataraxis Software". I don't want to lose the name, "Ataraxis Software". I like the complete name, "Ataraxis Software", too much!
For those of you who have been following my blog since it started, you may remember this post
where John Topley asked me if Ataraxis Software was trade marked because I had the ™ symbol at the end of "ataraxis software" (which I've since changed to "Ataraxis Software"). "Trade Marking" in the U.S. is simple, yet complex. Allow me to explain. NOTE: I am NOT a lawyer or expert in the field. This is simply my understanding and it could be completely wrong. I provide links to the US trademark and patent office at the end of this post.
Let's say you come up with a name or logo/name for a company, product, or good. When you represent your company, product, or good and you place the ™ ("TM" symbol) at the end of it you're marking it as your symbol of trade. I.e. It is your formal way to annouce to the world you are using it to mark your product or company as such. Now, "registering" a trade mark is something different. I'm sure you've all seen the ® ("R" symbol) at the end of certain trade-marked names. That means someone applied and was granted that trademark by the government. For an "official" explaination of all of this you can visit this page of the US government's official trademark & patent web site.
I'm not sure how long it takes to have a trade mark application go through the process, but (of course) I'll keep you all updated!
posted by Michael Sica at
8:22 PM
5 Comments:
Contact a lawyer before you contact them. Spend the money now; it will be worth it later.
Some other, less knee-jerk thoughts:
Have you incorporated/registered your business name yet? If you have and the trademark search you underwent (you DID do the trademark search for the extra $8, right?) turned up nothing, you're likely okay. Keep in mind they could be registered elsewhere.
If they're not registered in your state or province (or your country), you're likely okay. So long as you're not competing with them in their territory, they shouldn't care.
If they are, hope to hell that your products aren't competing. Be prepared to change your name, but keep in mind, often times all it takes is changing the postfix (go from "Ataraxis Software" to "Ataraxis Project Management").
Above all, calm the hell down, man. =) You're likely okay.
In the U.S. you incorporate/register your business with your state. From what I understand the "name search" is only against the local state's database of business and fictious names. I don't understand how in this day and age we're all still "registering with our state". I'd be shocked if most (or any) of my sales actually come out of my state (Florida)! (There's this thing called "The Internet", have you guys heard of it? I heard it's going to be huge. ;) )
I searched the US trade mark web site and didn't see any ataraxis-related trade mark. I also searched the fictitious names of California (where ataraxisglobal.com is "from") and "Ataraxis" is registered as a fictitious name.
Dan: "Above all, calm the hell down, man. =) You're likely okay."
Dan - I'm calming down. It might be because I'm getting really tired. :)
Thanks man. :)
We used a lawyer, John Stemberger, in Winter Park to trademark the name EasyDonor. He wasn't very expensive and relatively painless. It just took a little while to be go through.
I believe that anyone can use the "trademark" symbol, especially after you initially apply for the trademark. If I'm not mistaken you could then use the "registered" symbol after the trademark is final.
I notice Google uses the "TM" on their logo. Microsoft uses "(R)" for Microsoft & Windows but has "TM" for Vista and for the symbol in their logo.
Hello Collin,
I applied for a trademark last night.
Wow - it's cool to see another company based out of Central Florida! I'll keep that lawyer's name in mind if I need one in the future. Do you continue to use him for your legal work? Do you know if he works with other software companies?
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