How to See if a Business Name is Taken
Starting your own business can be tough, and you might have spent months or even years coming up with the perfect name. What you don’t want to do is find out after the fact that someone else has already taken it—not only does this waste time and energy, but it also means you’ll have to come up with another name at the last minute. Thankfully, you can use this quick search tool to see if your business name has been registered with the government, or if there are any trademarks associated with it.
Types of Trademarks
A trademark is a name, symbol or phrase that distinguishes a particular company from others in its field. There are several kinds of trademarks, including registered and unregistered marks. You can submit an application to register your mark with your state’s Secretary of State. Federal registration with the U.S. Patent and Trademark Office (USPTO) is also available; it offers protection nationwide. You may choose to register either as a stylized or descriptive mark. Be sure you know which one you need before filing with the USPTO.
How To Check For Trademark Infringement
What’s in a name? It turns out, a lot. One reason you should be careful about choosing your business name is because it might not be available. We tend to think that nobody else could have thought of that cool company or product name but there’s no harm in checking to make sure it isn’t already trademarked. The U.S. Patent and Trademark Office (USPTO) offers an online searchable database for trademarks registered with them; otherwise, a private search will do as well (see more below). So what does trademark infringement mean? Basically, if your proposed name is too similar to another organization’s logo or moniker, you may be accused of ripping off their intellectual property. This can come back to haunt you later down the road when trying to market/sell products that aren’t exactly yours but share a very similar name (e.g., Coca-Cola vs. Coke Zero). You don’t want to confuse customers or create any legal issues so it pays to conduct some due diligence up front. Research potential names by typing them into Google (make sure they are spelled correctly), using specific keyword searches on Wikipedia, or consulting one of these sites: - DomainsBot: A clever free service from MyCorporation that checks domains on hundreds of extensions from hundreds of registrars. Keep in mind that not all domains are listed here nor do they list all active domains.
Trademark Checklist
A business name is probably one of your most important branding decisions, and you can’t afford to take it lightly. Before finalizing a name, consult with an attorney to see if it’s available for use as a trademark in any way. Even names that aren’t trademarks may be difficult to protect: some names are used so frequently that they become generic or descriptive and lose protection altogether (like Band-Aid, escalator, or thermos). So even though someone else might not be able to steal your exact business name from you, they could still have significant rights that impact your ability to protect its intellectual property value.
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