Take the first steps to find out if your name has been trademarked!
Can You Use Your Business Name?
The Brandings team get’s asked everyday if one business name or another is already trademarked. “Is that name taken,” or “can I use this name for my business,” are questions that we get too often.
Well, our team will dispel the myths and any confusion. Our team will show you how to check if a business name that you’re interested in using is currently being use and what it’s used for. This blog will be devoted to a few different ways how to find out if a business name is taken.
Learning if you can you a business or product name comes down to just 3 simple things. First, develop the perfect name for your small business, company, brand or product. Second, you need to find out if anyone is using that name. Third, you need to find out, what they’re using it for.
To begin, the easiest way how to find out if a company name is taken is to just do a simple search in any search engine.
Open any Search Engine in your computer, we use Google but, there are other great ones. Search Engines such as Bing, Yahoo!, or even Ask will work perfect. Next, key in your business name idea right in there. After that, see what comes up.
Nothing, if so great, sounds like no one is really using the name and you will probably have good luck trademarking the name.
If something or a lot of things start coming up you’re going to have to go through the list but, don’t worry yet, as we about to discus, just because someone is using the name doesn’t mean you can’t.
Now some of the names that the search engine came up with my just be peoples’ names. Others will be small businesses in foreign countries or even ancient products. It’s all really determined by the type of name you’re looking at.
Checking if A Brand Name Has Been Used
The next step to how to find out if a business name is taken is to simply check two sites. Go to the European Office for Harmonization in the Internal Market (Trademarks and Designs EOHIM Search) and the United States Patent and Trademark Office (USPTO.Gov).
Do a simple search on your company or business name. Now it is really, really important to figure out what your “Classification of Goods and Services” is. Just because someone is using the name does not mean you can’t.
One example is “United Airways” and “United Moving Vans.” Because these two companies are in such completely different segments of the market and not “confusingly similar” they can be used by the two companies.
Brandings always suggests that companies seek council. The above tips are only for helping you narrow down the search for a perfect business name.
Even with everything we’ve already said, there are even more factors into trademark screening. You may come across concepts such as “confusingly similar” but, that’s for another blog post. This article should give you a great head start and enough knowledge to complete a simple Trademark Search.
If you feel you need a professional to step in, the Brandings Team has a great Trademark Search & Application Service. Professional Trademark Search and Application service is just click away.
Hi i am kavin, its my first occasion to commenting anyplace, when i read this
article i thought i could also make comment due to this good piece of
writing.
Hi Kavin, thanks for commenting on this, ever so important blog. We couldn’t tell you the amount of time that we’ve had people tell us that they’ve gone to custom naming companies who recommended the most amazing business name, then they go to either register the dot-com domain name or the business name and it has already been taken! We couldn’t even imagine.
Your business name is no good if you can’t use it.
The dot-com domain name has now almost become the de facto trademark for many businesses but it is always good to check with the USPTO with the link we posted above just to be sure.
Thanks so much for your comment and complement. If you like this blog, please join the conversation on our FaceBook page where you can interact with our staff.
I found a company name and did a google search and so some random people using the name but I think I’m clear after I checked the USPTO. It really doesn’t matter if you random person is using it in a small town if I can trademark it. Thanks for the free advise.
True, if you are a large scale company and you are going to trademark the name and you come across a small local firm using the same name you are probably in the clear. You should always consult a trademark attorney and really take a look at USPTO.gov which is the official United States Patent and Trademark Office. If you don’t see a trademark for the name there you should be good but remember someone may have filed some paperwork already or is going to. Don’t wait and just remember Edison didn’t invent the light bulb, he just improved it and patented it before anyone else.