Name Availability and Legal Considerations
Check state business name databases to see if a name is taken. Include name variations. Search company registers and trademarks through government services’ free availability checks. Start with an online search to find similar industry names. Research helps create a distinct name resonating with your audience.
Whether two businesses sharing a name causes issues depends on the name’s legal protection and consumer confusion. Trademarked names prevent reuse. However, similar names in the same industry do risk confusion.
Trademark Restrictions and Searching
To see if a specific company name exists and is trademarked, search for the name using the USPTO website’s electronic search system. How do I make sure no one has my business name? To be sure no one improperly uses your business’s name or branding, you need to obtain a trademark.
You can often use the same business name in your own state or another state if it doesn’t violate trademark rules. This is common practice for smaller local businesses. Failure to check existing trademarks could result in charges of willful infringement.
Resolving Name Disputes
If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.
Registering a business name does not stop someone who has registered the name as a trade mark from using it. Trademarked names are registered with the U.S. Patent and Trademark Office (USPTO) and are protected nationally. You can’t file to register a trademark that someone else is already using if they used the trademark first.
Trademark Use and Registration
You’re not legally required to register your trademark to assert that you own it, and trademarks are actually strengthened by frequent use. In this situation, you can register a trademark that already exists, and the U.S. Patent and Trademark Office offers a registration form for trademarks that are already in use.