how do find out is a name for a company is already taken?

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.

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

Answer 2

This is a complicated issue, and if you want to be absolutely certain that you have the legal right to use a certain business or product name, you must hire an attorney who is an expert in intellectual property. But, in most cases, you can get reasonably certain on your own.

1. First, search for the name using Google.com. If you don't find your proposed name at all, that is a good sign that probably no one else owns the name. If you do find your name, it still might be legal for you to use it. The same name can sometimes be used in different geographical areas, in the case of companies that are not national in scope. Also, sometimes the same name can be used by more than one company if they are in different types of business. You can read more about all this in books at your public library.

2. Search for your name on the U.S. Trademark Office web site.

3. Check for your name on register.com, which enable you to see if your name is being used as a web site name. You'll have to imagine the various ways that your name might be used as a part of a web site name.

4. See if the state you live in has a searchable trademark or business name web site, and if, search that.

If you want more info, I suggest getting a good book on intellectual property this at local public library or a local law library.

If you are going to invest a lot of money in your business name, definitely hire an attorney to tell you that the name is not taken. But if you will not be investing a lot of money in a name, you might just want to do your own research and take your chances. Even if some big company notifies you that you are infringing on a name they own, all they will probably require is that you stop using it. They probably won't sue you for money unless you keep using it after they've given you notice that you are infringing upon their name.

But I am not an attorney! So if you really want to know, talk to an attorney.

Answer 3

There is usually some registering agency. When I got a business license to work in my city, I went to city hall to see what I could (not taken) or couldn't (taken) call the company. Counties often have the same sort of office for things outside of a municipality. For corporations, you usually have some agency like the Secretary of State's office which clears or refuses names from their registry list. If you are going national, there will be trademarks and such registries that the Federal government has. Then when you register for the various states in which you intend to operate, you will have to list your company as a foreign corporation (assuming incorporation) and they will tell you whether that name was taken. You might need to incorporate a subsidiary in that state under another name--I once worked for a company that started in one state as American [etc.] but in my state when they put in a branch they had to call it Arizona [etc.] because the other name was already in use. As for international, as with states, you may have to change your name, as in form a subsidiary with a different name, because of things already taken or, as sometimes happens, your name or acronym may not be flattering when spoken or read by the locals in their language.

Answer 4

You can contact the US trademark and copyright office to see if a company name has been trademarked (i.e. Apple, Microsoft). This would provided nationwide and sometimes international coverage. At the local level, you would go to your local government office to the business license window and file a DBA. If someone has already selected the business name, then they will let you know.

Answer 5

Do a search on the net for the company name...

Answer 6

File your business name with the better business bureau and they most likely will not let two people operate under the same name then hang your shingle out and hope you dont get a letter from an attorney