Business Name?

Question

We are looking to start a business and we've come up with some names. Where would I find out if I the names are already taken? Is there a search engine somewhere? And how would I go about copyrighting our name?

Thanks a lot!

Answer 1

I listed some links where you can do some preliminary name checking. However, please be aware that this is merely scratching the surface of what's out there.

Only comprehensive research will tell you if the name is truly available. But, these links are free & a great place to start, so I'd try them out first.

Comprehensive research consists of looking at marks that are similar in Sound, Appearance or Meaning in the pending & registered Federal AND State trademark files as well as the US National Common-Law files.

There are other sites that offer free searching capabilities in conjunction with their commercial services, so I'm not able to post those links due to the Yahoo! TOS. You'll also want to check domain names & yellow pages, so simply do a search for "free domain name search" and "national yellowpages" and the appropriate links will pop up.

You wouldn't copyright it. Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.

To protect a business name within your industry, you would apply for a trademark.

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

You need to find a business name for which the .com is still available. Use something like this to see if the name you have chosen is free http://www.register.com/retail/index.rcmx

Once you have found a name and registered the domain you'll want to protect it in every way you can. This means following local and state laws that govern when you must register a fictitious (or assumed) business name. It also means filing for trademark protection at the state and federal level, if appropriate. http://www.nolo.com/article.cfm/objectID/F508119A-1D7C-4AB4-B7EB37BA9570E0B8/111/228/195/ART/

Answer 3

Basically there isn't a full-proof way of protecting or even seeking out a name that isn't being used SOMEWHERE. Microsoft has an entire staff of people continuously searching the US and i assume other parts of the world for people who violate this law.

Here's where you want to be in IL
http://business.illinois.gov/starting.cfm

Read. Make phone calls. You'll get the answers.

Hope it helps,
BusinessViking

Answer 4

city hall court house
dba department(doing business as) were you file your name they will be able to give yiu this info