Thanks for all your help!
Once upon a cake is already taken...but does
Once upon a time cakes... sound good? I like it...I need something whimsy like that because of my theme/color on my site! I just dont personally like heartland and I dont want my name in it I dont think. this is SO hard!
Would you call someone that had the name "Once upon a time cakes..." or would you think thats weird? To me, it makes me have warm fuzzy feelings about yummy cakes like how fairy tales leave you with a warm fuzzy feeling...am I the only one that feels this way?
Should I go with this one? my brain is tired. I cant think of anymore!
Love, April
Hmmm....here's some to mull over...and they're not tm'd (I checked).
Whimsy Cakes, Whimsical Cakery, Fairytale Cakes, Cloud 9 Cakes, Cloud Nine Cakery, Fanciful Cakery, Enchanting Cakes, Cake Charming.
Mix and match the cake/cakery thing as I'm not sure which you're going for. 
Of course, you'll still have to do due diligence w/ your state's business dept and a domain name. Best of luck!
~Kristen
in case the banner in my post above is too small to read is says...
Once upon a time cakes (as the top head title)
and below it reads
...where cakes make happy endings!
I like this.
This entire thread is also a good reason on why I have an attorney available to do everything in this regard. It's pretty handy just being able to pick up the phone or send a quick email to ask a question (like "can she make me change my name? 
) As Martha Stewart said, "If you think you're saving money by not getting an attorney at the front end, you'll end up paying for it at the back end."
Find out ..... the worst that can happen is you're out $50 bucks for an attorney consult and you're back to where you are right now. Maybe she's "copyrighted" in her state and maybe it doesn't apply nationally.
Did you start using your name prior to opening your biz in March? The reason I ask is that when I worked for a casket mfg'r, there was another company that tried to copyright/trademark a commonly used phrase in the industry. My company pulled all documentation showing that they had used that phrase in ads, brochures, etc., LONG before other company tried to claim it as their own. This is when I learned that there are some things that cannot be copyrighted/trademarked because they are very common words/phrases. Like I couldn't go in and lay claim to the phrase "wedding cake" as an attempt to prevent all of you guys from using the phrase because it's a commonly used phrase.
I like the banner, that'd be perfect for you
<raises hand> Heartland Cakes for me, too!
Isn't once upon a cake and once upon a time cakes awfully similar? Will you end up with the same problem again? I don't know anything about trademarks.
good point. which is why I encourage having a lawyer check all of this legal stuff out. you can see all the various opinions on here and none of us really know what we're talking about legal-wise!!
I's dotted and T's crossed ... all that stuff. 
I would certainly check with a lawyer before I changed anything. In the mean time tell her to have her lawyer contact you. Have them show you the exact law that sites where you are in the wrong. Remember also just because a lawyer contacts you, that doesn't make it so. I like to look at a lawyer as a bully in a suit. LOLOL.
So you didn't have to change everything I would just add April's to the beginning, and call it good.
Mike
I like the Cake Charming...sounds fun and unique!
Reminds me of Charm City Cakes....
I really like your banner!!! I still think you should talk to a lawyer first though.
If once upon a cake is taken you might want to look into once upon cakes before you change your name....(like margaretb and indydebi said). I'd hate for you to have to do this again for a third time....That would suck big ones!
totally different direction but I like the idea of incorporating your name into the phrase 'april showers brings may flowers' - even as the byline
Spring Cake Desin - April Starky(sp?) brings may cakes
May Brings Cakes - from April Starky(?)
April Bakes - brings may cakes! (ohh i like this one)
How about Blissfully Sweet Cakes or Blissfully Sweet Cakery, your slogan could be "where once upon a time meets happily ever after" or "where your once upon a time cake meets a happily ever after" or something like that
April, I am so impressed with the way you are handling this by hot having a grudge against the original owner of the name. Good for you for moving on and not wasting your energy hating on her. Your right that her claim on the trademark would be hard to fight unless you could prove that you were using the name in commerce before her. And for those who are wondering - a claim with the Unites States office of patents and trademarks is a national claim not just local or even statewide.
I think Heartland Cakes is charming.
Best of luck with your business - I think you'll do great!
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