Contents
- Introduction: Why it’s important to check if your business name is available
- How to check if your business name is available
- What to do if your business name is unavailable
- Why you should trademark your business name
- How to trademark your business name
- What to do if someone is using your business name
- How to pick a business name
- The importance of a domain name
- How to pick a domain name
- Conclusion
You’ve decided you want to start a business. Congratulations! The first step is picking a great name. But how do you know if the name you want is available?
Checkout this video:
Introduction: Why it’s important to check if your business name is available
Every business needs a name. It is how your customers will identify and remember you. As a result, it is important to choose a business name that is both unique and reflective of what you do.
The first step in naming your business is to check if the name is available. You want to make sure that no other business is using the same or a similar name as this can lead to confusion and legal issues down the line.
There are a few different ways to go about checking if your desired business name is available. This includes searching online databases, speaking to an intellectual property lawyer, or searching government records.
It is important to note that just because a business name appears to be available, does not mean that it actually is. There may be another company who has already trademarked the name or who has common law rights to it. As such, it is always best to speak to a professional before moving forward with any particular name.
How to check if your business name is available
The first step in incorporating your business is to check whether the business name you have chosen is available. You can do this by searching the government business registry in your province or territory.
If you find that your desired business name is taken, you may be able to get it by applying for a name change with the registry. You may also be able to register a trade name, which is a fictitious name under which your company does business.
If you find that your business name is unavailable, there are a few things you can do. You can try to register a similar name, use a different name altogether, or try to negotiate with the owner of the domain name or trademark.
Why you should trademark your business name
Your business name is your company’s first impression—and you want to make sure it’s a good one! Whether you’re just starting out or have been in business for a while, it’s important to understand the basics of trademark law and how it applies to your business name.
A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others. Trademarks can be registered with the U.S. Patent and Trademark Office (USPTO).
There are many benefits to federal registration of your mark, including:
• Constructive notice to the public of your claim of ownership of the mark;
• A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
• The ability to bring an action concerning the mark in federal court;
• The use of ® with the mark; and
• Listing in USPTO’s online directory of registered trademarks.
while state registration may provide some benefits, it is not as comprehensive as federal registration.
You should also be aware that, even if you have not registered your mark, you may still have some common law rights in the mark if you can show that you have used the mark in commerce and that it has acquired a “secondary meaning” — that is, it is distinctive enough that consumers associate it with your goods or services. However, common law rights are limited to the geographic area in which you have used the mark and are generally harder to enforce than registered trademarks.
How to trademark your business name
There are a few things you can do to make sure your business name is available for you to use and that it won’t be confused with another business. If you want to trademark your business name, you’ll need to do a little bit of searching on your own and then file for trademark protection with the USPTO.
Before filing for trademark protection, you should do a thorough search of state and federal databases to make sure your proposed business name isn’t already in use by someone else. You can also search the USPTO’s Trademark Electronic Search System (TESS) database. If your proposed business name is available, you can file for trademark protection with the USPTO.
It’s also a good idea to check social media sites and domain name registrars to make sure your proposed business name isn’t already being used by someone else. Once you’ve done a thorough search and you’re sure your proposed business name is available, you can move forward with filing for trademark protection.
What to do if someone is using your business name
If you find that someone is already using your business name, you have a few options. You can:
-Contact the person or business and ask them to stop using the name
-File a trademark infringement lawsuit
-Change your business name
If you decide to contact the person or business yourself, it’s important to do so in a professional manner. Explain that you are trying to start a business with the same name and ask them politely to stop using it. If they refuse, you may have no choice but to file a lawsuit.
Changing your business name is also an option, but it can be difficult and expensive if you’ve already started marketing your business under the original name. If you do decide to change your business name, be sure to update your website, social media accounts, and all other marketing materials.
How to pick a business name
Deciding on a name for your business is an important first step in bringing your company to life, but it can be tough to know where to start. You want something that will reflect your brand and resonate with your target audience, but you also need to make sure it’s available and within your budget. Here are a few tips to help you choose the perfect name for your business.
The first step is to brainstorm a list of potential names. Once you have a list of contenders, you’ll need to do some research to see if they’re available. You can start by checking with the U.S. Patent and Trademark Office (USPTO) to see if anyone has already trademarked the name you’re considering. If the name is available, you’ll need to register it with the USPTO to protect yourself from infringement claims down the road.
You should also search for the name on social media platforms like Twitter, Facebook, and Instagram to see if it’s being used by someone else. It’s important to make sure the name you choose isn’t too similar to an existing brand or trademark, as this could create confusion in the marketplace and make it difficult for customers to find you online.
Once you’ve done your research and are confident that the name you’ve chosen is available, the next step is to reserve it with your state government or incorporate as a business entity. This will ensure that no one else can use the name in connection with their own business ventures.
Choosing a business name is an important decision that will have lasting repercussions for your company. By following these steps, you can pick a name that reflects your brand while also ensuring that it’s available and protected from infringement claims.
The importance of a domain name
Your domain name is your identity on the web. It’s how your customers find you, and it’s a reflection of your brand. That’s why it’s important to choose a domain name that is both relevant to your business and easy for customers to remember.
One way to see if your desired domain name is available is to use a WHOIS search tool. WHOIS is a database that stores information about registered domain names, and a WHOIS search will allow you to see if the name you want is already taken.
If the domain name you want is unavailable, you may be able to register a similar domain name with a different extension (such as .net or .biz) or purchase the rights to the domain name from the current owner.
How to pick a domain name
Although it may seem like a small task, choosing the right domain name for your business website is crucial. Not only will it be how customers find your site, but it will also become part of your brand identity.
It may seem like a daunting task, but there are a few simple tips you can follow to ensure you choose the best domain name for your business.
1. Keep it short and sweet
Short domain names are easier for customers to remember, so aim for something that is 10-15 characters long.
2. Make it relevant to your business
Your domain name should be reflective of what your business does or sells. This will make it easier for customers to find you when they are searching online.
3. Avoid using dashes or hyphens
Dashes and hyphens can make it difficult for customers to find you online and can also make your domain look less professional.
4. Check if the domain name is available on social media platforms
It’s important to make sure that the domain name you want is available on all social media platforms, so that you can build a consistent brand identity across all channels.
5. Use a .com extension whenever possible
While there are many different types of extensions available (.net, .biz, etc.), most customers still associate .com with credible businesses. So unless there is a specific reason to choose another extension, stick with .com
Conclusion
To sum it up, checking business name availability is important to avoid any legal complications down the road. You can check business name availability with the Secretary of State in your state, or by searching for the trademark online. Naming your business is an important decision, so make sure you do your research before settling on a name.