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How to Check if a Business Name is Taken
So, you’ve learned how to come up with a business name and decided on the perfect one for your company. The last thing you want to do is start your business name registration process and find out that your business name is already taken. Therefore, the next crucial step is to ensure that your chosen name is available for registration.
Checking business name availability needs to be hand in hand with your planning on how to create a business name. Businesses often select names that are specific to their industry, ensuring that it aligns with your industry and effectively represent your hair business. For example, jewelry business names tend to include terms like jewelers, while notary business names often include professional phrases.
As a business owner, it’s essential to select a business name that defines your entity and holds strong local name recognition while ensuring that another business hasn’t previously used it.
Why You Should Check if a Business Name is Taken
You will need to register your business name with your Secretary of State agency. Suppose a business name that already exists either matches yours or is even close to yours. In that case, the Secretary of State will reject your request for entity formation under that business name. This is important to consider when learning how to check if a business name is taken.
So before heading to the Secretary of State filing office, or starting the process online, you need to do a business name availability search. Do that before you order the business cards and stationary and before you start a bank account in your business name.
What Happens If a Business Has the Same Name?
If you file formation documents with the Secretary of State and the business name is already taken, your application will be rejected. You can’t legally use the same name.
If you’re determined to use that name, you should look into how to buy a business name. This is feasible, but you’ll require the assistance of a lawyer who specializes in this area.
Does The Type of Business Entity Make a Difference?
Not all entities need to register their business name. It depends on the business entity type.
A business that is a Limited Liability Company, limited partnership, or corporation will need to register with its Secretary of State. In order to do that, the business must have a name.
Sole proprietors are not required to register their business with the state, allowing them to operate under unregistered business names. This flexibility raises the question of how to check if a business name is taken.
How To See if a Business Name is Taken
Here are the places where you can check the availability of business names.
Check The Federal Trademark Database
Use the United States Patent and Trademark Office database to do a business name search and trademark search. Trademarked business names and registered trademarks (brands) will be listed on the federal database. Once you’ve done the trademark business name search, you should take steps to get your own trademarked business name using the same website for the USPTO.
If you don’t take this step and start using another business entity’s trademarked names, you could get hit with a trademark infringement lawsuit for using someone else’s trademark rights. Trademark infringement laws are clear, and trademark rights violations can be costly, even if you inadvertently use someone else’s trademark.
Once you’ve utilized the search tools and confirmed that your business entity’s name is available, you can proceed to trademark your chosen business name. It may be beneficial to consult with a specialist in trademark law, such as a trademark lawyer. This will ensure you receive nationwide trademark protection and secure common law trademark rights for your new business.
Check The DBA Registrations
DBA stands for “Doing Business As.” Many business names are “fictitious” names. For example, a group of people who own a business entity that’s a mobile hotdog stand. They decide it will be a business with a fictitious name called Reliable Dogs.
As they begin the process of business entity filings, they check DBA registrations and find there’s another fictitious name for a business called Reliable Dogs, which is a dog training business. Even though the business entities have entirely different operations, and neither are competing businesses, they can’t share the DBA name.
County and localities require businesses to register fictitious names. Your Secretary of State will have a database for a new business to check to see if its proposed business name is taken, and you should also check with your county clerk’s office for that company name.
Use an Online Tool to Perform a Business Name Search
You should do a general internet search. There could be an unregistered business, such as a sole proprietor, using the same company name. You can use a search tool such as Google to perform a quick screening search.
Check Domain Name Availability
A Domain name is a unique address for a website. Another business, even if it doesn’t have the same business name or trade name as yours, may already be using your desired domain name.
The most effective method to determine how to check if a business name is taken is by utilizing ICANN, the Internet Corporation for Assigned Names and Numbers.
Your domain name is extremely important because it’s what pops up when a customer uses search tools and enters a search term. It’s vital for a company that uses e-commerce.
Check Business Name Availability on Social Media
Check all the popular social media sites to check your business name availability.
Search Business Names That Are Similar
If a business name is different but similar to yours, you may want to go back to the drawing board before cementing your company’s legal name. The Secretary of State may not accept your filing, plus it can be bad for your business as it may be confusing to customers.
Finding Your Local Trademark Office
You can find your local trademark office doing a federal search using the USPTO website.
What To Do if Your Business Name is Available
Now, you’re ready for the next step, which is to register a business name.
The Bottom Line
The search may take time, but it’s important to find out if your business name is available. It’s not something you want to find out after you’ve started using it. The guide above can help you register your small business properly.
Checking if a Business Name is Taken: FAQs
Regardless of your location, it is essential to consult your Secretary of State. Additionally, it would be best if you verified the USPTO, domain names, and DBA registrations, as well as county and local entities, and also explore the web and social media platforms. This is important when learning how to check if a business name is taken.
Can There Be Two Businesses With the Same Name?
Yes, if a business operates as a sole proprietorship and has not been registered with the Secretary of State, it remains unprotected. This is why many sole proprietors opt to form an LLC and register with the state.
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This article, “How to Check if a Business Name is Taken” was first published on Small Business Trends
