How to check if a company's name is already taken?

Answer 1

You really have two issues to deal with. First, you must deal with the state law issue which requires each entity to have a unique name. Whether the name is available in your state can be determined by going to the secretary of state's website and searching. Each state usually has one of these. Here is Delaware's search function (good for entities organized in DE only): https://sos-res.state.de.us/tin/EntitySearch.jsp

If you plan on doing business in only one state, you won't be too concerned about what other states have permitted to be registered (unless you have a trademark issue). If you foresee the need to qualify to do business in other states, you might want to check their secretary of state's website as well.

Business names are sometimes trademarked, but that does not always mean that you cannot use that name. You can search federally registered trademarks at http://www.uspto.gov. The fact that a name is clear there does not mean it is clear everywhere. There may be other people using the same name, but they may have geographic protection at common law. If you are really going to invest a lot of money in a name and want trademark protection, you probably want to spring for a trademark lawyer who will run a full search using Thompson's or some similar service. For most businesses, this is overkill. Usually, if your secretary of state doesn't have a "confusingly similar" name, you will be ok. That often applies even after a trademark as registered. Trademarks are specific to classes of trade. The issue is generally whether there is a likelihood of confusion between the two uses. For example, suppose Berber has a trademark on its carpet. You want to start a linoleum business and call it Berber linoleum. That is likely a trademark infringement. However, suppose you want to start a restaurant and call it Berber's and no one else had registered it as a trademark. That would not be a trademark infringement on the carpet company's trademark. It would, however, be a trademark infringement on the restaurant down the street named Berber's, even if that restaurant had not federally registered its trademark.

Answer 2

Check with the office of the Registrar of Jointstock Companies.

Answer 3

GO CHECKING THE TRADEMARKS OF THE PATENT N TRADEMARK AGENCY.

BYE BYE

Answer 4

on the web: www.asic.org.au