Q: the title of my business is the same as another well established company’s product
how to find whether it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented
A: The USPTO may be searched to find federally registered trademarks. Trademarks may also be registered in individual states. However, it is important to remember that even unregistered trademarks have common law rights against infringement. If a trademark is confusingly similar to another trademark in use in the same or related class/category, the prior user may bring a claim of infringement. It is important to consult with a trademark attorney prior to use of any trademark to guide you through the process.
A: You can search for Federally Registered Trademarks at "USPTO.GOV" by selecting Trademark and searching the mark. Your comment "it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented" is answered as follows: The mark, as presented, should be seen as a phrase if it is a phrase -is there a TM or R in a circle? - is it stamped on a product? - copyright is not likely as copyright is a work of authorship as a book, art, etc. - if patented then there will likely be a patent number and not pertain to the Word, Symbol or Device used as a trademark to identify the source of a good or service.
You should contact an attorney with Trademark experience before you use another's mark which is substantially similar in sight or sound for goods and or services similar to those you propose to provide.
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