Introduction
Starting a business is an exciting venture, but before you can begin marketing your products or services, there are numerous legal requirements to fulfill. One of those critical steps is ensuring your business name is available. Choosing a business name that is already in use can lead to potential legal issues, which can be costly and time-consuming to resolve.
This comprehensive guide will provide you with the necessary information to check the availability of a business name and avoid trademark infringement. We’ll cover the 5 simple steps to follow, best practices, and practical techniques to streamline the process.
5 Simple Steps to Check Business Name Availability
Step 1: Start with a Basic Online Search
A simple online search can help you determine if your desired business name is already in use. Use a search engine, such as Google, and enter your desired name in quotation marks. If there are any businesses registered with that name, the search engine will display the results.
If your desired name is already in use, try adding a descriptive word or a location to make it unique. For example, if “Acme” is taken, you could try “Acme Realty” or “Acme NY.”
Step 2: Check the USPTO Trademark Database
The United States Patent and Trademark Office (USPTO) maintains a database of registered trademarks. A trademark registration protects a business’s name and brand, among other things. You can search this database to ensure that your desired name is not already registered by someone else and protected under the law.
Step 3: Conduct a Search with Your State’s Business Registration Office
Every state has a business registration office where all businesses operating within the state are registered. You can search this database to ensure that there are no registered businesses with your desired name in the state where you will conduct your business.
Step 4: Check for Online Domain Name Availability
Having a website with a corresponding domain name is critical for establishing your business’s online presence. If the domain name you want is available, it’s an indicator that the business name may also be available.
You can search for available domain names through domain registrar websites, such as GoDaddy or Namecheap.
Step 5: Consider Consulting with a Lawyer or Trademark Professional
If you are still unsure about your business name’s availability, considering consulting a lawyer or a trademark professional who can provide legal advice and guide you through the process. Legal services can vary depending on your needs and budget, but they can ultimately save you time and money by avoiding legal issues down the line.
The Beginner’s Guide to Finding Out if Your Business Name is Available
Now that we have outlined the 5 simple steps, let’s dive into the details of conducting a comprehensive business name search.
Conducting a Basic Online Search
Begin by typing your desired business name into a search engine and placing it in quotation marks. This search method will narrow down the results and display the exact phrase you’re searching for.
Once you have completed your initial search, browse through the first page or two of search results to see if any businesses are registered with your desired name, taking note of the names and locations.
Checking the USPTO Trademark Database
After completing your initial online search, head to the USPTO website and search their trademark database using your desired name to check if anyone has registered a trademark under that name.
If your desired business name is already registered, consider selecting another name or consulting with a legal professional to explore options to obtain the trademark or choose a new name.
Conducting a Search with Your State’s Business Registration Office
Every state has a business registration office where all businesses operating within the state are registered. You can search this database to ensure that there are no registered businesses with your desired name in the state where you will conduct business.
Most state business registration offices have a search function on their website that allows you to search by business name or registration number.
Checking for Online Domain Name Availability
Having a website with a corresponding domain name is critical for establishing your business’s online presence. If the domain name you want is available, it’s an indicator that the business name may also be available.
Search for available domain names through domain registrar websites, such as GoDaddy or Namecheap. If your desired domain name is taken, check for variations or consider adding a descriptive word or location to make it unique.
Consulting a Lawyer or Trademark Professional
If you’re not confident in conducting the name search or are having trouble obtaining the information you need, consider consulting a lawyer or trademark professional.
These professionals can provide legal advice and guide you through the process, ensuring that your desired business name is available and that you’re not infringing on any existing trademarks.
Best Practices for Beginners
As a beginner, it’s essential to keep detailed records of your search progress. Create a spreadsheet to record the dates you conducted the search, where you searched, and the results. This record will not only serve as a reference for you but also serve as evidence of your due diligence if any legal issues arise.
Consider brainstorming multiple business name ideas to have options if your desired name is taken. Ensure your business name isn’t similar to an existing trademark or has any potential legal conflicts.
How to Conduct a Thorough Business Name Search in Under 10 Minutes
Finding a suitable business name can be a lengthy process, but here are some simple practical techniques to streamline the process and save time:
Use Name Checking Tools
Several online tools help to check the availability of business names quickly and efficiently. Tools such as Namechk, CheckUsernames, and KnowEm allow you to search for domain, trademark, and social media profile availability simultaneously, saving you time and effort.
Search for Synonyms and Descriptive Words
Think of descriptive words or phrases that are associated with your business idea and add them to your business name. This technique expands your naming options while making your business name more descriptive and memorable.
Avoiding Trademark Infringement: How to Check if a Business Name is Already Taken
Trademark infringement can be a significant setback for your business and tarnish your reputation. Therefore, it would help if you took proactive steps to ensure that your desired business name is not infringing on any existing trademarks.
Start by performing a comprehensive trademark search to make sure no one has registered a trademark under your desired business name in the USPTO database. Next, check your state’s business registration database and do an online search to see if any other businesses have registered a trade name or similar name to what you’re considering.
However, it’s essential to note that not all businesses register a trademark, but it does not mean they don’t have legal rights over their business name. Hence, it’s wise to seek legal advice before choosing a business name.
Don’t Make This Mistake: Tips for Verifying Business Name Availability Before Starting Your Company
Starting a business without verifying name availability is a common mistake that start-up owners make, and it carries legal consequences. If you choose a name that’s already in use, you may face expensive legal disputes that could ultimately lead to a name change.
Therefore, ensure to conduct a comprehensive name search before starting your company. Research your business name ideas thoroughly, and consult with an attorney or trademark professional to avoid any legal ramifications.
Additional Resources For Ensuring Business Name Availability
– The USPTO has a Trademark Assistance Center that answers questions and offers support for trademark registration.
– The Small Business Administration (SBA) also offers resources and information on starting a business and name availability.
– Consulting with an experienced intellectual property attorney can provide legal advice and guidance through the process.
Conclusion
Ensuring your business name’s availability is critical for starting your company’s journey without legal consequences. A comprehensive name search can help avoid potential legal disputes and save you time and money in the long run.
Remember that verifying name availability takes time and effort, but it’s a necessary step in starting a successful business. By following the five simple steps outlined in this article and seeking professional advice, you can confidently select a name for your business.
