The Name Game: New businesses should take small steps before choosing a name to avoid a big problem later

Choosing a great name for a new business is not a task to be taken lightly.  At a minimum, you do not want to infringe upon another business’s name; doing so could leave you being forced to change your name after months or years of use and possibly even facing liability for damages.  Additionally, if you have big visions of expanding your business across the country, you need to select a name that you can protect with a federal trademark registration.

First and foremost, before settling on a new name, you should make sure that there are not existing businesses with names similar to the one you are considering.  A few basic searches will help get you started.  Search for the name you want and all variations of that name or similar names that you can think of.  Try different spellings as well as searching for just your proposed name’s key words.  Some sources that you should be sure to search include the following:

·       Search the pending and registered trademarks in the United States Patent and Trademark Office database.

·       Search the database of trademarks and service marks registered in the state where you will be doing business.  Some trademarks may not be federally registered, especially if the business is confined to one state, and may instead be registered with a particular state.  Georgia’s database, for example, is located here.

·       Check the Secretary of State’s records in, at minimum, the state where you will be doing business.  Georgia’s database, for example, is located here.

·       An obvious one:  use your favorite search engines to search the Internet for websites and references.

·       Search the various social media sites for business pages.

·       Check domain name records to see if domain names that would go with your proposed name are already in use.

·       Finally, if you can find them… search your area phone books.

Did you find any businesses with names the same as or similar to the one you want?  You may have a problem.  We can work with you to analyze those existing business names and help you decide whether to proceed with that name or try another.

Second – especially for those of you with dreams of expansion – be creative!  Only certain trademarks are eligible to be registered with the United States Patent and Trademark Office and enjoy the protections that come with federal registration.  One primary requirement is that your name meet a minimum threshold of distinctiveness and creativity.  If someone asks you what your business does and you can’t explain it without using the words in your name, the name probably will not be eligible.

We can help you conduct thorough searches, interpret the search results, and analyze the strength of your proposed name so that you can be comfortable that the name is fully vetted before you make a commitment to it.  A little effort up front can go a long way; if you are not careful when selecting your new business name, you may end up with much bigger problems than selecting a great logo.

Material presented on the Wood & Bembry LLC website is intended for information purposes only. It is not intended to be professional advice and should not be construed as such. Any unauthorized use of material contained herein is at the user’s own risk.