What are the rules on coming up with buisness names?

Question

how many buisnesses do you know of with the name Queen of Hearts and what do they sell? I thought of the name without knowing any one might already have it so is it ok to use? I really dont know what im asking here :) Is it a dumb name for my ebay buisness?

Answer 1

Queen of Hearts is:

- A costume store

- A L*****n resort in Palm Springs

- A baker and pastry maker in Michigan

- A brand of learning software

- A chain of wedding consultants in Philly, New Jersey, and Delaware

- A lingerie company

- A clothing company

- A consulting firm

...and others, according to Google. As such, you're probably in the clear since trademark law is centred mostly around the risk of confusion except when a name is so common and/or descriptive (A-1, etc.) that it is offered no protection in the courts. In this case, you naming your company Queen of Hearts isn't going to cause any havoc on any other Queen of Hearts that didn't exist before. You're probably constrained by the names of other eBay stores, though, where confusion is more likely because it's the same name in the same segment of the market, but again it's unlikely they've been able to register a trademark or that they would be awarded one.

It doesn't matter if you weren't aware of it beforehand.