When Choosing a Business Name
Getting your business off on the right foot is vital to any aspiring entrepreneur. One of the most essential aspects of beginning a business is choosing a name for your business. However, the exercise can be more challenging than the relatively narrow exercise of deciding what “fits” and developing a brand. Instead, you must perform searches, including one as simple as Google or a more involved domain search for other similar business brands. One facet often overlooked when choosing a business name is trademark law. To avoid trademark infringement, when choosing a business name involves researching existing trademarks. Hiring an experienced trademark attorney can provide you with professional analytical advice to avoid legal problems later.
Recent business name trademark disputes found in the media include:
In each of these cases, the publicity was extensive and had widespread consequences. So, what is the best way to get the best of both worlds—a name you love that doesn’t infringe on another company’s trademark? Here are some tips to help you choose a business name that won’t infringe on a trademark:
Search Business Names Using State Resources
Every U.S. state has a Secretary of State or general state website. Most of the state websites allow you to search through business names. Enter the name(s) you are considering and see if anything similar comes up in your state. Additionally, search other states or countries where you intend to do business.
Check the Availability of the Domain Name
Domain search is relatively straightforward using websites like GoDaddy and Squarespace. Although domain and trademark laws are different, if you cannot get the desired domain, your use of the business name may infringe on another entity, subjecting you to liability.
Initial Search of the U.S. Patent and Trademark Office
The possibility remains that even if your business name doesn’t directly infringe on another company’s name, you can still violate another’s trademark. If a company holds a registered trademark, your company name may cause confusion, leaving you vulnerable to a lawsuit. For the best chance for success, search the USPTO database for all misspellings, synonyms, and similar-sounding names.
Conclusion
Doing this due diligence does not guarantee that you will not encounter problems with your business or product name. However, it does provide you with a good foundation for building a successful brand.
To ensure you choose the safest name for your business, consider a free consultation with EmergeCounsel’s trademark attorneys. One conversation could save you thousands of dollars, so schedule a call with us today!