How To Conduct A Business Name Search Correctly

Importance of Doing a Business Name Search

Your company's name is as important as your own name. Just as you wouldn't want to be referred to as "that guy" or "that girl," you don't want your company to be known as "that company." All the value your business acquires is tied to its business name.

That is why business names are such an important factor. If your name is McDonald and you want to start a fast food restaurant, can you call it McDonald's? The answer is no, because you will be infringing on the brand value that the big multi-national restaurant chain has built over the years.

Remember: when your business becomes successful, you will not want others making use of your business name and the hard work you put into its branding.

This is an important part of trademark law and every business owner needs to be familiar with it. When you decide to start a business, one of the first things you do is give it a name. But if you infringe upon the trademark or copyright of another business you are heading for serious trouble.

Conduct Your Business Name Search In Various Stages

Make a list of five or ten names that you think are right for your business. Then do a search to find out if the names that you have chosen are free to register as your business name.

While this may sound easy, the problem lies in the fact that there is no single place where you can conduct your search. There are different databases and lists for businesses names. You will have to conduct your search in various stages.

The first thing you can do is go online and use Google or Yahoo to do a company name search for the names you have in mind. If the results throw up a large number of businesses with the same or very similar names, take those names off your list – they are far too popular.

Next, you need to check with your County Clerk's office to see if any of your names are already registered as a Fictitious or "Doing Business As" (DBA) name.

After that you should go on to the Thomas Register. This is a database of business names covering a large variety of industries. The database is searchable online at http://www.thomasregister.com. Once again, if one of your names or something very similar to one is in use, you will have to look for other names.

If you are starting a partnership, LLC, or corporation you will need to contact your state filing office. (The name and department may vary from state to state.)

The final search of business names you need to do is that of the Federal Trademark Database which is available at the US Patent and Trademarks Office.

Helpful Online Resources

Each state has its own laws on business name registration so it is a good idea to check with your local Small Business Bureau or Chamber of Commerce for any advice they can offer on doing a company name search. You can also check out these online resources below that will provide you with guidance on how to go about your business name search.

Make Sure Your Proposed Business Name Is Available

Proposed Business Name Availability

Once you have a name that you can use for your business, you will need to do your business name registration so no one else can start using your business name. Once again, each state has its own regulations about registering fictitious names.

The following federal government website has details as to which authorities in which state need to be contacted for registering your company name: Business Name Registration (Doing Business As)

Your business name is your property and it would be foolish not to protect it.

Some Important Points To Keep In Mind

Keeping these points in mind while conducting your name search will help you to stay on the right track:

Under law, not being aware of another pre-existing identical or similar business name is no excuse for trademark infringement.

Trademark infringement is a serious offense.

There is no single source from where you can do your search – use as many search options as possible.

If you have doubts about any similarities with existing business names, consult a trademarks lawyer for expert advice.

Once you have a business name you can use, register it immediately and be sure to complete all the formalities.

Keep complete records of all you trademark registration documentation.