I have a name I want to trademark (of a buz I am starting). If I do trademark the name, does it mean nobody

Question

else can use the name? The reason why I am asking is someone else is already using the name for another kind of business (but the name is not trademarked). Will he has to stop using the name? The person already has a website with the name.com. How does trademarks work exactly?

Answer 1

I'm not sure about TMs but i always thought they were used for items?

i think its better if you copyright a name, because i'm positive that if you do that, than no one else is allowed to use it, and i think that if they already have the website, you can't take it, but they can't make anything else using that name after you've copywritten it  

Answer 2

You should be able to find the answer to your questions on the US patent office page on trademarks: http://www.uspto.gov/web/offices/tac/doc...

Answer 3

Yes, you can trademark the name if it is not already trademarked.  It does not matter if the other person using that name has the .COM domain.  

If you want to make that person stop using the name, however, that will require legal action on your part - it is not automatic - that is, the PTO will not go after him.   It will also cost you to pursue that action.