Choosing the right business name is an essential step in establishing your company, but securing the availability of that name is equally crucial to avoid conflicts down the line. Before embarking on the business name registration process, it is important to confirm that your selected name is not already in use.
Verifying business name availability is a critical component of your planning process. Many businesses opt for names that resonate with their industry, which can significantly enhance brand recognition. For instance, terms like “jewelers” are commonly found in jewelry business names, while notary businesses may incorporate terms related to their services.
As a business owner, selecting a name that defines your entity and possesses strong local recognition is imperative. It’s also vital to ensure that no other company has previously claimed it.
Why Checking Business Name Availability Matters
When registering your business name, you’ll submit your application to your Secretary of State’s office. If your proposed business name is identical or even similar to an existing one, your application will be rejected.
Therefore, conducting a business name availability search prior to filing is essential. It’s wise to perform this search before ordering business materials or opening a business bank account.
Consequences of Name Duplication
If you submit formation documents and discover that the business name is already taken, your application will be denied. Legally using the same name as another business is not permitted.
If you feel strongly about a particular name, there may be options to purchase it from the current owner, often requiring legal expertise in trademarks.
Does Business Entity Type Affect Registration?
The requirement to register a business name can vary based on the type of entity. Limited Liability Companies (LLCs), corporations, and limited partnerships are typically required to register with the Secretary of State. In contrast, sole proprietors can operate without state registration.
How to Check Business Name Availability
Here are some effective methods for checking if a business name is already in use:
Consult the Federal Trademark Database
Utilizing the federal trademark office’s database allows you to check for existing trademarks that might conflict with your desired business name. If your name is not already trademarked, consider taking steps to secure your own trademark.
Failing to confirm trademark status could result in trademark infringement, which can lead to costly legal challenges.
Examine DBA Registrations
DBA stands for “Doing Business As.” Many businesses operate under fictitious names. For example, a group could choose a fictional name like “Reliable Dogs” for their hotdog stand. If another business already has a DBA registration with the same name, they cannot share it.
Check with local and county offices, as these entities often require registration of fictitious names.
Utilize Online Business Name Search Tools
Conduct internet searches to identify any unregistered businesses that may be using your desired name. Tools like search engines can help provide a preliminary check.
Assess Domain Name Availability
Your domain name serves as your online identity and is critical for visibility. Checking domain name availability through dedicated registries can identify if another entity is already using it.
Investigate Social Media Name Availability
Review popular social media platforms to ensure that your business name is still up for grabs across digital channels.
Look for Similar Business Names
If you find a name that closely resembles yours, it may be wise to consider alternative options to avoid confusion and potential filing complications.
Finding Your Local Trademark Office
To locate your nearest trademark office, you can search using federal resources available online.
What To Do If Your Business Name Is Available
If you confirm your business name is available, you are prepared to proceed with registration.
The Bottom Line
Taking the time to thoroughly search for your business name’s availability is critical and can prevent future legal issues. Follow the steps outlined above to properly register your small business.
Frequently Asked Questions About Business Name Availability
Regardless of location, checking with your Secretary of State and related offices is essential, including trademark registries and social media platforms.
Can Two Businesses Have the Same Name?
Yes, two businesses can share the same name if one is a sole proprietorship that hasn’t registered with the Secretary of State, which is why many entrepreneurs opt to form an LLC or other registered entities.
