Checking the Legality of Your Business Name: Essential Knowledge Before You Launch Your First Merchandise
Starting a new business is an exciting venture, but it's crucial to lay a solid legal foundation for your brand. One of the essential steps in this process is securing a unique and legally protected business name. Here's a step-by-step guide on how to do just that.
1. Check Name Availability in Your State
Begin by checking with your state’s business registry (often the Secretary of State’s office) to ensure the name is not already registered by another entity. This prevents conflicts with existing businesses in your state and is essential before you formally register your business [1].
2. Run a Federal Trademark Search
Use the United States Patent and Trademark Office (USPTO) Trademark Electronic Search System (TESS) to search for existing federal trademarks that are identical or confusingly similar to your desired name. Also consider common law trademarks by searching business directories, online platforms, and state trademark databases for unregistered but legally protected names [4]. This search helps avoid infringement or rejection during official trademark registration.
3. Check Domain and Social Media Handle Availability
Securing these digital identifiers early is vital for brand consistency and online presence. Search for your business name as a domain (e.g., .com) and across major social media platforms. If possible, choose a .com domain for building a cohesive online presence [5]. Tools like Namechk or Instant Domain Search can help check domain and social handle availability across multiple platforms.
4. Register Your Trademark
Prepare and submit a trademark application to the USPTO, including necessary documentation and fees. After submission, your application undergoes examination and, if approved, is published for a 30-day opposition period during which others may challenge it [2]. If no opposition is filed, you receive your trademark registration certificate, granting you exclusive nationwide rights to the name in your business category [3].
5. Register the Name with Your Legal Business Entity
Formally register your business entity (such as an LLC, corporation, or partnership) with the confirmed name at the state level, securing legal rights to operate under that name within your state [1].
Remember to renew your trademark every 10 years to keep protection active and continue using the trademark in commerce to maintain your rights [3].
By following these steps, you can safeguard your business name, ensuring you have exclusive rights to it and can grow your brand with confidence. Skipping the steps of checking and securing the name first can lead to legal issues such as cease-and-desist orders, lost domains, social handles, lawsuits, damages, legal fees, and forced rebranding. Some words like "Bank" or "Insurance" may be restricted or require extra licensing, so it's essential to check state business entity databases before registering your business.
When securing a unique business name, it's crucial to not only check its availability within your state's business registry, but also run a federal trademark search using the USPTO's Trademark Electronic Search System (TESS) to avoid infringement or rejection during official trademark registration. In addition to these efforts, it is necessary to ensure your chosen business name is available as a domain and across major social media platforms, as securing these digital identifiers early is vital for brand consistency and online presence.
