So, you have picked the perfect business name. However, will you be able to actually use it? Unfortunately, you cannot use the name without doing your research first. By doing research first, you will ensure that you are not invading on someone else’s legal right to use the name.
Understanding Trademark Law
In order to avoid legal trouble, you should understand the basics of the trademark law. This law prevents companies from using names that are confusing or sound similar to another company’s name.
If it is determined that the business name you have chosen sounds too similar to a competing business, you may find that you are in violation of the competing company’s legal rights. This is known as copyright infringement. As a result, you may be forced to pay damages and/or change the name of your company.
The only way to make sure you are guilty of trademark infringement is to do your due diligence. Take your time and conduct some research to find out if another business is using the same or similar name you want to use.
Do A Name Search
The bad news is that there is not one central location where you search for the possibility of conflicting business names. This is mainly due to the fact that a company can trademark a name just by using the name, and millions of companies around the world do this.
This means that you will have to use several different tactics when searching to look for registered and unregistered trademark names.
Before you invest a lot of time in searching for a business name, you can easily and quickly screen out a few names by doing a simple Google search.
You can also check with the local and state agencies in your area to see if the name is on the fictitious or assumed business names in your county or state. With these lists, you will find names of companies that you will not be able to find in other databases.
If you are choosing to start a LLC, corporation or limited partnership, you will have to make sure that the business name you choose is not the same as an existing LLC, limited partnership or corporation in your state.
For unregistered business names, you once again want to utilize the Internet. Search engines will help you see rather quickly if the name you want to use is already in use by a person or company.
You want to make sure that you abide by trademark laws when you are naming your business. Do your research and be sure you can use your chosen name legally without any problems. For more details visit WWW.KOLODEN.COM