Is my company name in Jeopardy!? (tm)(sm)(r) *(Jeopardy! is owned by those people who employ Alex Trebeck, I think.)
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!





