Check If Your Business Name Is Available or Taken

Business Name Availability:  Find out if your proposed business name is free for you to use.

You finally found the best  business name to use for your business, can you use it? Not without doing some research  first. Make sure that you aren't infringing upon someone else's rights to the name.  If you plan to be a local business, then only search for the name locally.  However, if you plan to be a mega company, i.e., interstate or international company, you need to do some serious searching.
 

Performing a Name Search

However you want to set up or organize your business as a corporation, LLC, or limited partnership, or a sole owner, you must be sure your business name isn't the same as that of an existing sole proprietorship, corporation, LLC, or limited partnership in your state.  There are several places you can look to see  if anyone uses the name you want.  

Quick Search In The Internet

The Internet is a good place to start your search by using Internet search engines, such as Google, you can quickly see whether and how someone else is using a business name.  Don't spend too much money with elaborate business name search services.  First, go to Google or Yahoo, and type in the name.  You may find that there are several businesses that use it or none.  If it is used, just select a new name and search again. 

Let's First Consider Trademark Law

To clear the name, you should know about the basics of trademark law.  Trademark law provides that a business should not use a name that is likely to be confused with the name of another business. If you use a business name that's like the name of a competitor's name,  you might be infringing upon his rights,  "trademark infringement," or be in "unfair competition"), and you could receive a cease and desist letter asking you to stop using the name.  If you don't stop, you might end up in court.
There's a way to ensure that you will not infringe upon someone elses trademark.  It requires that you conduct a business name search, such as the one that businessnameusa.com provides.  The search looks at nationwide legal databases.

Corporation, LLC,  Limited Partnership, and Fictitious Business Name Databases

Most county clerk's offices and state secretary offices provide a list of fictitious or assumed business names to data companies.  In that case, if you want to search all databases, you need to purchase a service that has the database with all the names.  This list will contain names from business name registrations around the USA.  Most are of very small companies. If you find your business name is similar or the same as one already in use, you shouldn't use it.

 

Can You Use an Identical or Similar Name

Here, you need to use your common sence.  If a big firm name has your name, just forget it... use another one.
What about if you use part of the name.  For example,  ibm and you use  ibm international... ok.. use another name especially if that name is a federally registered trademark because the holder of the trademark normally wins such law suits.

Of course, if the name you want to use is taken by a carpenter in Texas and you are a candy factory in Maine, you can still use the name because they provide a different service and product.

We can pefrom a nationwide check for your name here at businessnameusa.com .

www.businessnameusa.com

310-455-6675

Even though the Thomas Register is a useful database with many unregistered trademarks --  a cross-industry database that includes thousands of trademarks and service marks.  Still, however, all of the above is not the only places you should look to see if your name is taken.  Domain name searches are also a good source.  Most likely a company that plans to do business with a certain name, normally, buys the domain name.  If another company has reserved a domain name that contains your desired business name, you will not be able to use the name.  In addition, you will not be able to have a website with that domain name and that will hurt your business.  

The Last Place Should Be a Search of Registered Trademarks

To do that search, you need to search the federal trademark databases to see if the name they want to use has already been registered with the U.S. Patent and Trademark Office (USPTO).  You need to do that because whether or not you search the U.S. Patent and Trademark Office website, you will still be liable for willful infringement.  This means that you knew a name existed and you went ahead and used it anyway.  So use the free trademark database on the USPTO's website. Then go to the state trademark offices and do a search there.
 

The business name search starts at $29