Club names

[jamescaine]

whats are the laws / rules on club names, i know what name i wanto to call my new club but have found there is one already called the same name. Will i have to change the name or can i still run it under the same name. thanks for any advice you can give.

[Andrew]

Someone may even have a register of all club names that would make interesting reading.

All legalities aside, I encourage you to be original, inventive. You may get away with taking another country's club name but that's about it.

Come up with a good name so that it sticks in people's minds

[jpeckster]

In most states there is no law about using a nam that is already being used, even if it is the same type of business. Say two bars have a name like Sporty's Bar & Brill or the like.

The problem you will most likely run into in this area is if the bar/business has purchased a trademark for the name. Most times it is just the name which is trademarked and less often it is the name and a stylized letter/typeface or font. Logos are almost always trademarked!

You can check/find the names which are trademarked with your local Sec. of State's office. Many of these offices are online which make searching a breeze.

But I agree that you should be more creative or inventive with your club name.

Cheers,
Jimbo

[Andrew]

A perhaps unforseen complication is the obligatory website that most venues now set-up to broadcast event details and the like. So along with the name you have all these 'accessories' too.

Don't rush it; think about the type of clientelle you want to attract & try to associate some related word then check out a thesaurus site. Then sleep on it for a while.

Why not also pose the question to non-club people? -- you never know what they may come up with.
Once you have come up with a name, ask someone who loves their clubbing if they have been to 'XYZ's and see how they react.

[Baudtender]

I did some trademarks years ago, but they were for computer
software rather than a hospitality business. But here's what
I can remember:

You could be describing several kinds of trademarks here:
logos, designs, and product names (MacDonald's golden arches
or "Ivory Soap") are generally just called Trademarks. The name
you do business under is given a Service Mark.

Whether they are filed at the state or federal level, they have to
be unique to be registered, and common law favors first usage.
Registration generally gives you the right to protect your marks
from encroachment by others. So, if there are two "Sporty's Bar
And Grill" businesses in your state, and the first place that
opened under that name decides to register their service mark,
they can force the younger business to change. If the younger
business registers the Service Mark and tries to go after the
older business, the older business can prove prior usage and
the younger business will again be SOL. So, it always is the
best strategy to come up with a unique name from the start.

Tongue-in-cheek hint: "Chi-Chi Applebee's Bar And Grill" is a bad
idea, even if that is (unfortunately) your real name.

Weird fact: did you know that you can trademark the decor
and ambience of a restaurant?

Baudtender

[Andrew]

..a bit like the old software "look and feel" issues?

I always thought that (night)club design (venue's layout) should always be unique because that's what makes the place physically and therefore being something that needed protection from idea-poachers.

[Andrew]

This site may be of interest: http://www.nightclub-business.com/nightclub-names.shtml

[Andrew]

I like the simple club name "Mine" as in "The Mine" or "Mine Nightclub". You are welcome to use use it as long as you are not in Australia.