If you’re starting a new business, you’ll need to choose a name that’s available for use in your state and that doesn’t violate another business’ trademark.
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by Jenn Morson
Jenn is a writer who specializes in real estate, finance, health care, and education. Her words may be found in The N...
Updated on: February 15, 2024 · 20min read
Starting your own business is an exciting time full of lots of decision-making. You've established goals, organized a to-do list, consulted experts, and are ready to start your new endeavor.
You want a name for your new business that is memorable, unique, attracts customers, and encapsulates the purpose of your business. And while you probably have a name in mind, you'll need to check business name availability.
Whether you are starting a business entity as a corporation, limited liability company (LLC), or nonprofit corporation, the first step will be filing formation documents with your state. In order to do that successfully, you will first want to check at your state agency that there is no registered business entity type or name already in existence with your chosen name. Otherwise, you may be required to start the entire process over again with a new name.
Additionally, if you make it through the paperwork process and begin doing business under your chosen business entity name, it's still possible you may find yourself accused of trademark infringement laws by another business that started before your own. In that case, you'll have to start all over again, having wasted a lot of time and money on your products and advertising in order to avoid legal fees and/or accusations of trademark infringement.
Although you don't need to be an expert in federal trademark database or law in order to successfully register your business name, it is important that you know a few basic pieces of information in order to protect yourself from what could become a lawsuit.
If you were to choose a name for your small business that is too similar to another business in your industry, that is called trademark infringement. The first business to have the name would have a right to make you change your name, which could be costly as you would need to redo paperwork, marketing materials, and even web presence. The other business could potentially also sue for damages. That said, two businesses can have the same name as long as they aren't in the same industry or aren't business competitors. Having two businesses in the same industry with the same name can cause unfair competition.
In order to help you avoid these costly mistakes, in addition to researching your proposed business name and making sure no one else has previously trademarked it, it can be prudent to engage the help of legal experts to help determine whether or not your name is too similar to an existing business name and therefore vulnerable to a trademark infringement lawsuit.
You will need to search several places to determine if a business already exists with the same business name idea you wish to use. While this process may seem daunting, doing a trademark business name search will make it less likely that you will inadvertently choose a business name that is already taken.
The first step is conducting a general internet search via a search engine. This is the first step because it is the quickest, and while you may not find a match and need to keep looking, an internet search is the quickest way to eliminate your chosen company name due to an existing business.
Bryan Clayton, CEO and founder of GreenPal, an online platform that matches homeowners with local lawn care professionals based in Nashville, Tennessee, recommends also checking with popular social media sites. "I also check Facebook, Twitter, Instagram, and LinkedIn to see if there are any accounts or pages with the same or similar name as mine," Clayton says.
Another internet search that Clayton recommends involves checking already registered domain names for business web pages. "I do a domain name search to see if the .com version of my business name is available," he says. "I use (name search) tools like GoDaddy or Namecheap to do this. If the .com domain is taken, I look for other alternatives like .net, .co, .io, or .biz."
Another unconventional yet helpful search tool when selecting a name for your desired business is to check e-commerce sites such as Amazon. Sellers often use this site to sell their products, and it's a quick search to help eliminate the possibility that you are duplicating a competing business' name.
Each individual state has an office that is responsible for business entity filings. Typically, the Secretary of State maintains an online name-check tool under the state business filing agency. Using this tool, you can search the names of existing registered businesses to check whether someone is currently operating a business under the name you have selected.
Your specific state's website will also provide any regulations surrounding choosing similar names to existing businesses. Making sure you know your state's own rules is essential as you move forward in the business naming process. If you prefer, you may also contact your state's business filing agency directly, and they will help you make sure that your company's legal and desired name hasn't already been registered in their office.
While the previously mentioned searches are essential, they may not cover all similarly named local businesses. "Doing business as" (DBA) businesses such as corporations, LLCs, sole proprietors, and partnerships are all business entities allowed to operate under fictitious business names known as DBAs. These DBAs are not always required to register with the state, depending on the rules of your specific state, so they may be more difficult to discover.
Your county clerk's office is also a worthwhile stop in your search for existing DBAs because some counties require registration of these business entities.
Several states also require DBAs to register, so if you are in a state with that requirement, you can check the DBA registrations to determine whether or not your proposed business name is already in use. Otherwise, you should rely on internet and social media searches to avoid repeating the names of established DBAs.
Any limited liability company (LLC) must have its own unique name for filing legal documents. That being said, LLCs may have several DBAs operating at the same time. For example, you could have two businesses as part of one LLC. These businesses may have their own DBA names on marketing materials. The rules for LLC name availability, however, are the same for any other unregistered business names: They must be distinguishable and not previously trademarked. So if you are looking to register John Smith LLC but that name is already taken, you will have to choose another name.
Another vital business name search is the federal database of registered trademarks. Businesses can trademark their names nationwide if they register the name with the U.S. Patent and Trademark Office (USPTO).
Aliza Naiman, marketing manager of Olgam Life, a New York City-based plasma donation service, says using the USPTO trademark database is essential for avoiding business name issues. "You can search for anything that appears to be similar to the unique business name ideas you have in mind," Naiman says. Additionally, Naiman suggests business owners "search for word marks that are similar to trade name, utilized for related products, and indicated as live by just tapping the search button." Naiman advises business owners to register their chosen name as a trading name with the USPTO "as soon as it is free of any pending trademark infringement allegations."
Choosing your business name is a tricky prospect: You want to have something memorable, cool, and descriptive, all while not repeating a business name that someone else has already picked. The goal of your business name is to have potential customers remember your business and remember what your business is, so make sure you choose a name relevant to your specific industry.
Avoid choosing names, including intentionally misspelled words or obscure references. Instead, brainstorm unique and memorable names and ask for input from friends and family. Crowdsourcing reactions will help you narrow down your choices.
Be aware that words are often legally prohibited from use in business names. While some of those are simply words considered inappropriate in polite company, the words that are usually restricted or prohibited are those that might be misleading or give false assurances. For example, you wouldn't be allowed to register your business as law enforcement since this fictitious name would give the public the impression that you were somehow involved in police work.
The choice of a suitable name for your business is vital to building a recognizable brand, fostering positive customer impressions, and securing long-term success. From conveying your brand identity to ensuring legal availability, there are numerous factors to consider when choosing a name for your business.
We will further explore the critical facets involved in choosing the ideal name for your prospective business.
The name of a business significantly contributes to shaping its brand identity and defining the company's value proposition and image. Make sure to select a name that reflects your brand values and resonates with your target audience. A strong brand identity can set you apart from competitors, as seen with successful brands like:
These brands have achieved recognition through consistent messaging, memorable logos, and emotional connections with their target audience.
A business's name directly impacts customer perception, potentially influencing their decision to engage with the business. Customers typically view creative and catchy business names as being unique, original, and innovative, thus making them more likely to capture attention and stand out in the market.
Conversely, traditional business names are often linked to reliability, trustworthiness, and a sense of familiarity. Therefore, considering the target audience when selecting a business name is of great importance, as the perception of creative versus traditional business names may vary depending on their preferences.
A judiciously selected business name can be instrumental in the long-term success and growth of the company, whether it's a free business or a paid one. To prevent other business owners from employing it, it's essential to safeguard your company's legal business name. Assessing the availability of a business name and domain availability is crucial to avoid potential legal costs and/or allegations of trademark violation.
The initial step when initiating a unique business entity, such as a limited liability company, is submitting formation documents to your state, which is essential for establishing various business entities.
If finding a unique and creative business name seems challenging, a business name generator could be a useful tool. These generators can furnish imaginative concepts for a business name, saving you time and effort in the naming process.
We will examine the functioning of these generators and the benefits they provide.
Business name generators are tools that utilize algorithms and keyword inputs to generate a list of potential names for your company. These algorithms, such as generative AI algorithms, produce a variety of business name ideas and options based on user input and preferences. The keyword input influences the generator's output by using those keywords to generate a selection of recommendations, and the generator will use artificial intelligence to produce names that are associated with the keywords provided.
Several renowned business name generators exist, such as Looka, NameSnack, Namelix, and Shopify, each offering different features and AI technology to provide unique and creative name suggestions.
Using a generator offers advantages such as time efficiency, the creation of imaginative ideas, and verification of domain name availability. A business name generator can streamline the name selection process by offering instantaneous creative and singular name propositions, dispensing with the requirement for brainstorming. These generators can also facilitate the generation of unique and creative name ideas by utilizing algorithms to produce variations based on existing company name patterns.
Moreover, a business name generator can indeed assist in the securing of a domain name, allowing you to establish a strong online presence for your brand.
With an understanding of the significance of a well-chosen business name and the benefits of using a business name generator, let's move on to some pointers for picking an effective, memorable, scalable, and legally viable business name.
We will now examine these critical elements to aid you in crafting an ideal business name.
Choose a name that is easy to remember, pronounce, and spell to increase brand recall. An easily pronounced business name is essential for brand recall due to its ability to enable your audience to remember and recognize your brand more easily.
Moreover, an easily spelled name is more straightforward to search for and locate online, enhancing visibility and availability for prospective customers through a simple internet search.
Select a name that can grow with your business and adapt to future expansions or changes. A scalable business name can accommodate amplified demand and can be effortlessly distinguished and comprehended by a broader audience. It is a name that can be applied across disparate markets and industries without sacrificing its pertinence or efficiency.
Ensure the chosen name is legally available and does not infringe on existing trademarks or copyrights. Verifying if a business name has been taken is essential to guarantee that the name is available and has not already been claimed by another organization. Abstain from utilizing intentionally misspelled words or obscure references when selecting a business name.
If the desired business name is already taken, it is necessary to select an alternative trade name that is legally permissible and doesn't belong to someone else's trademark.
After deciding on a potential business name, you should verify the availability of the corresponding domain name to set up your online presence. Securing a domain name for your business is essential for safeguarding your brand presence online and facilitating your marketing efforts.
We will address the significance of domain names, methods for checking availability, and steps to secure your preferred domain name.
A relevant domain name is essential for online presence and credibility. Having a domain name that corresponds to your business name assists in reinforcing your brand identity, making it easier for customers to recall and identify your business online. It demonstrates that you are a legitimate and professional business and increases trust with your customers.
Utilize domain search tools with an efficient search bar, such as:
With a domain search tool, you can check the availability of your desired domain name. The accuracy of domain name availability search tools can be variable, so it is always suggested to verify the availability with a dependable domain registrar before making any conclusions.
Register your domain name through an accredited registrar service, such as:
By registering your domain name, you can protect your brand's online presence and facilitate your marketing efforts.
When you are fortunate enough to find a memorable business name to represent your products or services and is available, take steps to protect that name from other business owners snatching it up before you do. Register your business name or reserve it if you're not ready to register as a business just yet. Most states offer business name reservations for a period ranging from 60-120 days, and during the time in which that name is reserved, no other businesses can claim it as their own.
Additionally, if you plan to expand into other states, check their laws on name registration for those residing in other states. While not all states offer name reservations, several do, and you can preserve your business name in those states for a period of one year with the option to renew each subsequent year.
Online presence is essential for success in today's market. When choosing your domain name, or web address, you'll want to select something relevant to your business name. It may not be possible to pick the exact same name as that domain may be previously registered, but after doing a domain search as well as the other aforementioned searches while choosing your business name, craft a domain name that reflects your business name and will be easy for potential customers to remember.
Making sure your desired business name is available is an essential first step to success. Starting your own business comes with so many unique challenges that you'll want to avoid the pitfalls of choosing a business name without proper vetting. Save yourself the headache of starting from scratch at the very least and legal action at worst by making sure your chosen business name is not only unique and practical but also free and clear for your use.
After deciding on a potential business name, you should verify the availability of the corresponding domain name to set up your online presence. Securing a domain name for your business is essential for safeguarding your brand presence online and facilitating your marketing efforts.
We will address the significance of domain names, methods for checking availability, and steps to secure your preferred domain name.
A relevant domain name is essential for online presence and credibility. Having a domain name that corresponds to your business name assists in reinforcing your brand identity, making it easier for customers to recall and identify your business online. It demonstrates that you are a legitimate and professional business and increases trust with your customers.
Utilize domain search tools with an efficient search bar, such as those listed here, to check the availability of your desired domain name:
The accuracy of domain name availability search tools can be variable, so it is always suggested to verify the availability with a dependable domain registrar before making any conclusions.
Register your domain name through an accredited registrar service, such as:
By registering your domain name, you can protect your brand's online presence and facilitate your marketing efforts.
Once your domain name is secure, registering your business name and trademark becomes significant for legal protection and exclusivity. Registering your business name ensures that it is unique and not already occupied by another organization while trademarking your business name protects it on a national level and prevents others from using the same name in the same industry.
We will now outline the procedure for registering your business name and trademark while also considering everyone else's trademark rights and infringement laws.
Register your business entity name with the appropriate state agency based on your business structure and location. Each state has its own registry and registration process, so it's essential to research and adhere to the regulations of each state where you wish to register your business name.
Apply for trademark protection with the U.S. Patent and Trademark Office (USPTO) to prevent others from using your business name. The duration for a trademark application to be approved by the USPTO can range from a few months to several years, with an average time of nine-and-a-half months. The fees associated with registering a trademark with the USPTO vary depending on the type of application and the number of classes of goods or services, ranging from $250 to $350 per class for an initial application.
Setting up a consistent social media presence with matching handles for your business is fundamental for enhancing brand visibility, engaging customers, and promoting marketing efforts. With platforms such as:
Being essential for maintaining a strong online presence, it's vital to select consistent handles across all platforms to facilitate online brand recognition and make it easy for customers to find your business online.
We will investigate the role of social media and provide tips for selecting consistent handles.
Social media plays a significant role in brand visibility, customer engagement, and marketing efforts. By maintaining a presence on platforms like:
Businesses can interact with their target audience in real time, thus augmenting brand recognition and awareness.
Social media marketing activities, such as posting content, engaging with followers, and running targeted ads, can aid small businesses both in reaching a broader audience and constructing or raising brand awareness.
Choose consistent handles across all social media platforms to maintain brand recognition and make it easy for customers to find your business online. Utilize the same handle or a variation thereof across all platforms to maintain brand consistency, and avoid using numbers or special characters to make your handle easier to type and remember.
By selecting consistent handles, you can cultivate a strong social media presence that resonates with your target audience and fosters trust and loyalty.
Selecting the perfect business name is a crucial step in establishing your brand identity, attracting customers, and ensuring long-term success. Utilizing a business name generator and following the tips provided in this blog post can help you create an effective, memorable, scalable, and legally viable name for your business. With creative business name ideas, a strong domain name and social media presence, you can further solidify your brand's online visibility and credibility.
Remember, the name of your business sets the stage for its success. Invest time and effort in choosing a name that resonates with your target audience and reflects your brand values. With the right tools and strategies, you'll be well on your way to crafting a name that stands out from the competition and propels your business forward.
To come up with a catchy business' name, brainstorm descriptive words related to your product or service and look for terms associated with your industry. Consider acronyms, mash-ups, foreign words, maps, and stories, and pick something memorable, web-friendly, consistent with your brand, and not too similar to competitors' names.
Choose a memorable name that reflects what you do, like Dandelion Consulting or Rose Petal Cafe. Incorporate a common word to make it easy to remember.
Yes, you can use the term enterprise in your business name. It is often used to describe the sense of growth and action, as in the case of a private enterprise. However, it can also be used to label a company.
To check if a name for a business is available, search the United States Patent and Trademark Office (USPTO) Trademark Electronic Search System (TESS). Additionally, use ICANN Domain Name Registration Data Lookup and Office of the Secretary of State in the state where the business is located. Finally, check if there are any related services or products and similar trademarks with the same name.
To check if a business is registered in California, you can use the free search available at the California Secretary of State website to look up information on corporations, limited liability companies, and limited partnerships.
By knowing what other trademarks are out there, you will understand if there is room for the mark that you want to protect. It is better to find out early, so you can find a mark that will be easier to protect.
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