Conducting a smart name search enables your company to avoid:
- A lawsuit for unintentionally using another’s company’s trademarked name.
- Spending money on expenses such as signs and business cards that have to be thrown out if they violate trademark
- Wasting time developing logos, slogans and other advertising expenses designed around your name.
Action Steps
The best contacts and resources to help you get it done
Run an online search
Your secretary of state's can tell you if other companies in your state already have the name you've picked. Many states offer free online name searching. Or check nationally for trademarked names with the U.S. Patent and Trademark Office.I recommend: Start with this contact list for secretary of state offices from Intuit. Scan the USPTO's Trademark Electronic Search System for trademarked names. Look up trade names with Webster's Online Dictionary. Millions of businesses are registered with Dun & Bradstreet and you can search their database by name, city and state for free.
Call in the pros
If you don't have the time or energy to ensure your name isn't taken, hire outside help.I recommend: Companies like Government Liaison Services provide name searching services for a reasonable fee. Incorporation firm IncorporateTime.com will also do a name search.
The rename game
If it turns out that the name you've chosen is taken, and you're having trouble thinking of a new one, some software might help.I recommend: Check out inexpensive programs like Name Razor and Nameexpress's NameBuilder.
Tips & Tactics
Helpful advice for making the most of this Guide
- You can do business as a different name, a DBA, than your company's legal name because you may not want your customers to know the legal name.
- Some states require that to use your name in certain professions (such as doctors and accountants) you have to be licensed in that state.
- Your state may require you to publish your assumed business name in a local newspaper and submit proof that you've met this requirement.
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