subject: Business Name Availability -- How to Determine if Your Name is Available for Use [print this page] Business Name Availability -- How to Determine if Your Name is Available for Use
Business name availability is determined not by any one single search option, but by a narrowing down of different databases and methods. Whether you've had a business name in your head for years or you're working on an objective process of elimination on a long list of potential names, determining your business name availability is an important first step; if you don't do your homework, you could discover that there's another business with exclusive rights to that name months, if not years, down the line -- and if they bring legal action against you, forcing you to change your name, you'll be out not only court costs but something even more valuable and harder to replace: customer recognition.
Despite the many databases in which a company with the same business name could be lurking, the search doesn't have to be overwhelming. If you break down the problem into a simple list of places to search for name availability, you can go through them systematically, one by one, and at the end of your search you'll have a very good idea whether the name is free for you to use. Once you've found an available name that conveys a great image of your business, you can hit the ground running and set up your business!
Secretary of State
One of the first places you should check is your Secretary of State's database of incorporated entities. Assuming you plan to incorporate your business (or form an LLC), the Secretary of State is the jurisdiction at which you will do so -- and if someone filed with that same jurisdiction has a business name that is the same or confusingly similar to your own, you won't be able to use the name.
Some states allow the business that's on file to give you permission to use a similar name to theirs, especially if the scope of your business differs significantly. (Customers are not likely to confuse two companies in very different fields, so even if the names are very similar, this probably will not diminish business for the existing company or mislead their customers.) However, not all states give this option.
Additionally, each state has their own criteria for determining whether a name is available -- for example, in Texas, an existing Sandy Beach Doggy Daycare, Inc. would cause Sandy Beach Landscaping, LLC to be unavailable, while in Minnesota those two companies could coexist with no further issues -- so it's best to do further digging into their policies and procedures than a simple name search.
County Clerk
Depending on your type of business, you may need to search unincorporated businesses (such as Sole Proprietors an Partnerships) in your state as well. Some states, like Florida, include unincorporated businesses in their state database; other states, like California, require these business types to be filed at the county level.
US Patent and Trademark Office
Once you've cleared your name for use in your state, the next step is to check to see if anyone has registered a trademark at the federal level. Trademarks can be registered in situations other than incorporating a business, so even if you checked every state's corporate database, you'd still need to check the trademark database. Luckily, the US Patent and Trademark Office has a great online database that's easily searchable.
One note about trademarks: in order to be registered with the USPTO, a qualifying trademark must be unique. (Even though "daycare" is not a trademark, it's such a commonly used term that trying to claim exclusive ownership for it would be ridiculous -- and would be rejected.) This works in your favor in two ways: the more unique your business name, the less likely it is that someone already has it; and the more unique your name, the more likely it is that the USPTO would accept your trademark registration, should you choose to protect it in this way.
Internet
Trademarks, however, do not necessarily need to be registered with the USPTO in order to be protected as a trademark; if a name is used publicly over a period of time, it may be considered an "unregistered trademark."
So how do you search for a trademark or business name that isn't registered? Unfortunately, this isn't as easy as bringing up a hit in a database. But fortunately, since most businesses have at least some online presence, it's worth doing a Google search for that name and seeing what comes up.
Another thing to try is typing http://www.[your company name].com in your browser window, as well as trying any logical abbreviations or shortenings that might be used for a domain name. Do searches in several different regions with several different search engines. Hint: type your name in quotes to show results that match the exact order of words!
