So, you have chosen the perfect name for your business, but can you go ahead and set up shop? You will need to do your homework first because you have to make sure you are not planning to use a name that is already in use by another company.
Understanding The Trademark Law
If you want to stay out of legal trouble, you must understand the basics of the trademark law. This is a law that prevents businesses from using names that can be confused with the name of another business.
For example, if you choose a business name that is similar to the name of a competing business, you may be accused or even sued for trademark infringement. You will be forced to change the name of your business, and you may even have to pay monetary damages.
There is only one way that you can be sure that you do not violate another company’s trademark rights. You will need to do some researcher like how to lookup a business name to find out if the business name you want is already in use, or if a similar name is in use.
How To Conduct A Business Name Search
Unfortunately, there is not one single database that you can use when you are searching for a competing business name. It is challenging to do so because a business can establish a trademark for their business name just by using it. Millions of businesses do that. This means that you must use different tactics when searching for a name by looking for registered and unregistered trademark business names.
One way you can do this is to conduct a quick screening search. You will need to take a few minutes to screen out several of the names you have listed. Type a potential business name in the Google search engine and you will be able to immediately see if there is another business that has that exact or similar name.
The next thing that you can do is check with the county clerk’s office in your jurisdiction to see if a business is using an assumed or fictitious name in your area that you are interested in using. In some states, there is a statewide database, and the county clerk will let you know if you need to do an additional search or not.
These are a few of the steps you can take see if the business name you want to use is available. By taking these precautions, you will avoid possible legal problems.