How Can I Check to See if a Business Name Is Available?

By / August 1, 2022

In most states, an online entity name check tool is available on the state business filing agency’s website. You may use the online tool to look for business names and see whether another company is already using the name you want.

Similarly, How do I find out if a business name isn’t taken?

Use the free trademark database provided by the United States Patent and Trademark Office. The free trademark database on the USPTO’s website may be used to search for federally registered trademarks. To begin, go to the Trademark Electronic Business Center of the United States Patent and Trademark Office and choose “Search trademarks.” Then, as shown on the screen, follow the steps.

Also, it is asked, Can two businesses have the same name?

Is it possible for two companies to have the same name? Yes, however there are several conditions that must be followed in order to avoid trademark infringement and to identify who is the actual owner of the name.

Secondly, How do I check if a name is registered?

Go to https://ipindiaonline.gov.in to access the official website for trademark registration in India. To use the public search feature, go to the trademarks tab and then to public search. Wordmark, Vienna code, and Phonetic are the three search criteria provided.

Also, How do I trademark a name for free?

A trademark cannot be registered for free. However, merely by starting a company, you may create a “common law trademark” for nothing. The advantage of relying on common law trademark rights is that it is free and does not need any special labor, such as filling out documents.

People also ask, Can I use a business name that already exists?

The United States Patent and Trademark Office (USPTO) registers trademarked names, which are then protected throughout the country. Even if the firm operates in a different state than yours, you are forbidden from using a trademarked business name.

Related Questions and Answers

Can I trademark a name that already exists?

The short answer is “no.” Whether you’re asking if you can trademark something that already exists, the answer is “no.” In general, if someone else has used a trademark before you, you won’t be able to register it for yourself.

Is it worth trademarking a name?

Protect Sales: By registering your company name as a trademark, you may protect your sales from customer uncertainty. Customers may believe they are purchasing from you rather than your rivals if another firm uses the same or a similar name and provides a comparable product.

What is the cheapest way to trademark a name?

The cost of trademarking a company name starts at $225 and goes up to $600 each trademark class. This is the fee for filing a trademark application with the United States Patent and Trademark Office. The USPTO’s Trademark Electronic Application System is the simplest and least costly method to register your trademark (TEAS).

What if my business name is similar to another?

If you select a name that is too close to a competitor’s name, that company may accuse you of violating its trademark rights. You may be obliged to alter the name of your company if this occurs. It’s possible that you’ll be required to pay monetary damages.

Can 2 trademarks have the same name?

It is still feasible for two firms to use the same name or trademark. Delta Faucets and Delta Airlines, for example, have eerily similar names. The issue is, however, decided by the possibility for customer misunderstanding.

What names Cannot be trademarked?

What Isn’t Trademarkable? Without the person’s permission, proper names or likenesses are used. Terms, phrases, and the like that are generic. Symbols or emblems of the government. Words or phrases that are vulgar or derogatory. The likeness of a previous or present President of the United States. Words or symbols that are immoral, dishonest, or scandalous. Short motifs or sounds

If you don’t register your trademark, you’ll only have legal protection in the places where you conduct business. This implies you may be able to prevent a later user of the mark from using it in your geographic region exclusively, even if it is a larger corporation.

A trademark protects goods that differentiate or identify one firm from another, while a copyright protects original work. A trademark is formed by the frequent use of a mark in the course of business, while copyright is produced automatically when unique work is created.

If someone else wants to use your name or emblem for their own reasons, a trademark may protect you. Also, since copyright protects creative creations, you can’t actually copyright a name. This is why your company’s intellectual property, such as your logo, has to be protected by a trademark.

Can someone steal my business name by registering it as a trademark?

The quick answer is yes in principle, but no in practice. If you don’t have a trademark on your name, someone else may look up an available name in the United States Patent and Trademark Office (USPTO) database. They’ll be able to trademark it after that.

How long does a trademark last?

ten years

Complete a trademark search before applying for a trademark. Protect your legal rights. Use the Trademark Electronic Application System, or TEAS, to file your first application at uspto.gov. For an initial application, fill out the TEAS form. Make sure to include your logo in the file. Fill out a “intent-to-use” form and submit it. You must pay the fees.

Can someone steal my business name?

A company name may be grabbed by anybody and used for their own venture. There is no one database or organization that assures that a certain business name is used by just one company. That’s why we often find extremely similar business names from one state to the next that aren’t tied by franchise or corporate ownership.

While a company name cannot be copyrighted, it may be trademarked. Hiring a trademark lawyer to submit the trademark on your behalf is the best option. In fact, doing so will improve your chances of obtaining a successful federal trademark registration.

What are the 3 types of trademarks?

What you’ll discover: Arbitrary and Imaginative Trademarks. Trademarks that imply something. Descriptive Trademarks are trademarks that describe something.

Should I trademark before LLC?

Finally, it is preferable to incorporate a limited liability company (LLC) or other business organization before submitting a trademark application. It’s ideal to set up your LLC with the help of an attorney who is licensed in your state. You may also utilize a reputable online filing service or another do-it-yourself provider.

What’s the difference between LLC and trademark?

Legal Representation Both LLCs and trademarks are important parts of the corporate world, yet they serve distinct functions. While LLCs are legal organizations that safeguard business owners’ personal assets from litigation and bankruptcy, trademarks protect the company’s intellectual property.

How Much Does a Logo Trademark Cost? As of June 2020, the cost of trademarking a logo with the United States Patent and Trademark Office (USPTO) is $275–$660, including legal expenses. A trademark may be registered with your state for $50-$150, but federal registration provides much greater legal protection.

Does your logo have to match your business name?

Because business names are names and logos are pictures, you can’t create a company that contains the logo because trademarks are distinct from company names and don’t have to match. They don’t have to match, but they can.

Can I put TM on my logo without registering?

The (TM) symbol has no legal significance. You do not need to register the emblem on any of your company’s trademarks. The TM mark is most often seen on a new phrase, logo, term, or design that a business intends to register with the USPTO.

What’s the difference between a logo and a trademark?

A slogan, phrase, term, business name, logo, or design that identifies a firm and/or its products is protected by a trademark. A logo is a symbol or design used by a business that may be protected by trademark laws. Many companies prefer to file trademark applications for their logos.

What happens if I use a trademarked name?

The trademark owner may sue you for trademark infringement if you use someone else’s trademark without their explicit permission or without a legal right to do so under the fair use concept. Damages for trademark infringement might include monetary compensation for lost earnings and economic hardship.

Conclusion

How to check if a business name is available for free? The first step is to look up the company’s website. If they have a store, you can find their contact information on the website. There are also many websites that will allow you to search for businesses by name.

This Video Should Help:

The “name availability search” is a tool that allows users to check to see if a business name is available. The name must be in the US or UK, and it must be at least 6 characters long.

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