How can I research whether another business exists with the same name that I want to use, and if one does, but is in a different state than I am in, does it matter? Example: If I want to name my business "John Doe's Business" and I live in Louisiana, and there is a "John Doe's Business" in Florida, would that make any difference? I just need some input and guidance. Thanks!
2007-01-02 13:25:50 · 6 answers · asked by Patrick_T 1 in Business & Finance ➔ Small Business
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.
Businesses can coexist with the same or similar names depending on the circumstances. For example, if the goods/services being offered are completely different from one another, it shouldn't be an issue. Of course, there is no cut & dry answer -- each situation varies from the next. If you have a specific question, I recommend contacting a trademark research company or a trademark attorney.
Hope that helps! I wish you much success & happiness in all your ventures!
2007-01-03 03:14:13 · answer #1 · answered by TM Express™ 7 · 0⤊ 0⤋
In my State, if you are using your own name - "John Doe, Electrician" - there is no reason to research the name. Simply register with the State. Even if there was another "John Doe, Electrician", the registered addresses (street and town) would be different. To protect yourself, you might want to consider a disclaimer, such as: "John Doe, Electrician, with offices at 123 Main Street, Yourtown, USA 12345, is not affiliated with any other 'John Doe, Electrician'". Check with the Office of the Secretary of (your) State to determine what the registration requirements are.
If you were a "d/b/a" - (doing business as), then you would have to do a name search to determine if that business name is being used by another.
Even then, if your business is distinct from the other - "Dunking Apples" v "Dunkin Donuts" - you could use the name since the consuming public could (should) easily distinguish between the two.
2007-01-03 14:28:05 · answer #2 · answered by PALADIN 4 · 0⤊ 0⤋
Well, if you didn't know by now, there is a small business database, a USA one and a worldwide one. I'm pretty sure you won't have any problem when it comes to the worldwide situation. However, it really depends on the company name, I mean you will NOT be able to nae your business Coca-Cola or McDonalds :)
Here's a very useful source, check out the names' availability on your up-right.
http://www.dari-bazaar.com/wp/134/small-business-names/
When talking about USA states, you gotta check out some legislation and you also have to see the extent of the specific business. If John Doe's Business in Florida is extended in the whole USA or even worldwide, you will not be able to have a "John Doe's Business" in Louisiana, unless you want it to be a part of the first.
2007-01-04 02:54:27 · answer #3 · answered by allanah 3 · 0⤊ 0⤋
It doesn't make any difference if there is a company named the same as yours in another state. Just run searches on yahoo, aol, and google for the name you are thinking of. When you go to incorporate, they will run another search in the state you are in. If your state has one already, you can incorporate in another state and register as a foreign corporation in the stae you live in.
2007-01-03 13:44:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It is not a issue unless it is a trademark name. If you incorporate, your State will do a search before they issue your business license. Don't know where to send you to do a national search for it though.
2007-01-02 22:20:36 · answer #5 · answered by questionable reality 3 · 0⤊ 0⤋
search it on the net.
I know and have heard of several businesses using the name
"Pandora's Box", so I don't think that is an issue, unless it is patented like "Coke".
2007-01-02 22:02:05 · answer #6 · answered by nwnativeprincess 6 · 0⤊ 0⤋