Researching Business Names and Trademarks
The good news about researching a unique name for your business is that most of the search can be handled with a few clicks of your computer keyboard. The bad news is that there is no single spot to search; you will have to take several different paths to make sure your exploration is complete.
If you find a name that is so close to the one you have chosen that you sense you might need to defend your choice, start thinking of another one.
How do I research my business name?
Your state's corporate registrar, usually the secretary of state's office, is a good place to begin your search, since both legal names and assumed names will be registered with that office. Most likely, there will be a database available that you can search via the Internet.
To look at the national level on an informal basis, you can use search engines such as Yahoo!® or Google to try variations of business names you are considering.
Along those lines, test Web site names (URLs) that you would like to consider for your business. The results will tell you whether the name you are considering has been taken by another business, and they will tell you whether you can secure a domain name that aligns well with your business or product's name. With the dominance of the Web in selling products and marketing, it only makes sense to make sure that the business name (1) is legally available, (2) will not infringe on other similar names and (3) can be used freely as the name for your Web site.
You can check domain name availability by using any of the many services who will sell the name to you along with hosting your Web site. A central source of information-including who owns domain names that have already been purchased-is http://www.whois.net.
How can I research trademarks?
You may decide to trademark the name of your business or products that you have developed. Before moving ahead, you will need to make sure the trademark is not already in use. This includes checking for trademarks which are registered-usually with a county or the USPTO-or unregistered, a mark which has not been formally registered but has validity due to continuous use.
Since states and many counties require trademark registration, you can search their databases to make sure your name, or one that is very similar, does not infringe on a name that has already been recorded.
Tip: Be sure to take advantage of the search function at the USPTO Web site: http://www.uspto.gov. You can also check a database of trademarks registered in all 50 states at http://www.trademark.com.
A search engine or the Thomas Register (online or in the library) may help turn up trademarks which are not formally registered.
Can I trademark my Internet domain name?
Some domain names can be trademarked, and others cannot. If a name is distinctive-such as eBay® or Google-it will probably qualify for trademark protection. A Web name that is primarily the name of a generic service-"housekeeper.com," for instance-may not qualify.
It is possible to have a registered trademark and not be able to obtain a trademark for the domain name. For example, a business might have the name "housekeeper" in its trademarked name, along with many others, but it is possible that another business has already acquired the "housekeeper.com" domain name.
What if some business is offering to sell me the domain name I want, but it seems like the price is too high?
In some cases, you might benefit from a law called the ACPA. The Anticybersquatting Consumer Protection Act prohibits cybersquatting-registering a domain name with the sole purpose of profiting by the good reputation of a trademark already owned by another business.
You can also go to ICANN, the Internet Corporation of Assigned Names and Numbers. This organization sponsors an international arbitration system to deal with trademark infringements by cybersquatters.