How to Legally Secure Your Dream Business Name

I am an expert in business configuration with thousands of clients in the United States, and one of my less favorite work is to tell a new entrepreneur who has selected for his business is unsustainable legal, and meets to return to the Board of Day.

Poor girl, she never saw him coming. But she should have done it.

There are free tools available to help prevent this unfortunate occurrence. Here is a three -step logical process to determine whether the name of your business is viable or a great responsibility.

Related: How to name a business: 7 Useful Tips

Step 1. Perform a free online search for your proposed commercial name

You will find all the businesses that exist in the US Patent and Commerce Office.

Its risk of running in conflict or registered trademark protection is higher if you find a business with an active registered trademark with your proposition name and in the same industry as you. If that happens, then its only resource is to buy the registered trademark of its current owner (it may not be on sale) or select a different name for your business.

If the name is used but in a completely different industry, then it is another story. As long as there is no reasonable risk that the client confuses his business for the other, he is clear. As “for example”, keep in mind that the Delta Faucet company coexists with Delta Airlines and no one is worse for wear.

Step 2. See the website of the Secretary of State for your State to search for registered businesses with similar names

Corporations, LLC, non -profit associations and organizations must be registered in the Secretary of State’s office, and the office must provide a search database open to the public. Make good use or him.

Have you ever heard the phrase, “are all policies local?” Well, it applies here, in part if your business is regionalized in nature, such as a brick and mortar store, or a professional services firm that specializes in legal, insurance, banking or fiscal matters in your state. You will not want a neighbor named Similarly to build your brand and reputation for you, and they will not be delighted if you do the same in their ten cents.

Related: How to choose a solid commercial name and amplify your brand

Step 3. Execute the name through standard search engines

Execute your commercial name proposed through any search engine, and you will have a good idea who is making noise. You can discover where they are located, in which industry they meet and may probably have an idea of ​​how mature your brand is. It is more likely that a long -standing mark that operates near you is attentive to the infraction that, for example, a single location and pop store throughout the country.

However, to obtain proper due diligence, identify the parties of the same stochate/same industry, and even if they are not close to you, it would be wise to look for a topic in the US Patent and Commerce Office. (Step 1) To see how thorough they have blocked their name. From what he knows, they can intend to expand in their neck of the forest, and if they have a registered trademark in their name, then it will be better if a new Okay.

Other considerations

While this three -step approach is fast and efficient to determine when to say no to a commercial name, there are some adjacent consultations of which it must take into account.

Is adequate web domain available? It’s great that no one has registered their brand, but that does not mean that they can ensure optimal web domains for your business. It is not uncommon for speculators to buy random domain names in the hope of selling them to entrepreneurs like you. Check if your preferred domain names are available, and if not, how much would it cost to buy them from their current owners?

Depending on who owns his domains of Sough-descender and how much they insist on loading him for them, it is possible that he finds less headache to discard his current name and try another option.

There are several free domain search profits available, such as those sacrificed in Namech_K and Go Daddy.

What happens if another business has a DBA in the file with the name I want to use? I recommend addressing this situation using the same three -step process that I described above. DBA means “doing business such as” and is a separate business presentation used when some widths to operate its commercial use under a different name from the name of its legal entity. What is reduced to, again, is if a registered trademark has been presented, if the DBA brand is in the same industry and location as its business, and how the DBA brand is established, that how to be strongly defined again the infraction.

Is the name of your really good business? If the name is currently in use or not, in many ways it is secondary to Wheter or not, its proposed name is really good in a creative and commercial sense. Good business names are memorable, shameless, creative, aesthetically pleasant, and there is no shortage of expert advice, techniques and two and not to guide it in the process of rain of ideas and selection.

Related: finding unique commercial and domain names is more difficult than ever, it is like choosing one that stands out

To wrap everything and block everything

If you find someone in operation with your beloved commercial name, do not worry. Be flattered. Keep in mind that there is no limit to your creativity. He is obliged to find something equally good without the aggregate risk.

Once you find a viable name that loves, block quickly registering the business in the SOS office of your status. Record your trademarks with USPT and buy those domains.

Congratulations on your new brand! Long live a lot and prosper!