Are you trying to register a business name in your state? The Secretary of your State will reject your application if it finds that the name of your company is the same as that of another entity. Pick a name for your company, and then search your state's Secretary of State to see if it’s similar to existing entity names in your state.
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Don't worry if you don't get the exact LLC name, because you can form an LLC under one name and then, use a DBA to conduct business.
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If you're looking for help in filing paperwork, then our sponsored team at Incfile will help you fill out paperwork & answer any questions for free. You'll just pay the state filing fees. Click here to get started.
How to Check Your Trademark
When I first started checking trademarks, I noticed that my name would be trademarked a few times under different companies. That's because it's possible to have identical registered trademarks if the goods are unrelated. Think: Delta Airlines, Delta Faucets.
If your name is available in your state, then it's time to do a nationwide search for your trademark.
Step 1: Search the USPTO's trademark database and choose a search option here.
Step 2: If you are searching for your name, you can use the trademark name search. If you are searching for your logo / design, you will need to look up your design code using the USPTO's Design Search Codes here.
Frequently Asked Questions About Name Search Available and Trademarks
Yes. You'll want to start a trademark application as soon as your LLC is setup. By filing prior to launch, you can be sure that your name is protected once you begin making money. Keep in mind, you get common law rights to a name as soon as it is used in commerce. As soon as you start selling a product or a service, you can claim common law ownership of that trademark without formally registering it. You'll want to register it to easily win court cases against infringers.
The business name is the legal name of the entity. Owners often register a DBA that is different from the legal name. For example, Mary Johnson owns a small consulting business with a DBA as Mary Johnson's Coaching.
You'll want to register your trademark at the U.S. Patent and Trademark's Office's website at www.uspto.gov. Online trademark registration costs between $275 and $325 and requires date of mark's first use and category of goods and services. It takes six months usually to receive a response.
Two businesses can have the same name because business names are registered on a state by state basis. There could be intellectual property issues and trademark problems in the future when two companies have the same name. That's why it's important to register your trademarks officially with the USPTO.
If a business name is already registered with the USPTO, then it's trademarked. You are prohibited from using it, even if the business operates in a different state.
You can register your business name as a “standard character mark” which is any combo of letters & numbers with no reference to style, design, font or color. A “standard character mark” will provide protection for the name of the business or the slogan for the business and provides the right to use the name or a slogan (i.e. Just Do It)
Trademarks do not expire after a set period of time. Trademarks will persist as long as the owner continues to use the trademark. Once the USPTO grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.
Copyright protects original work,whereas trademarks protect items that identify a particular business from another. Copyright is generated automatically when you create the original work, and a trademark is established through the common use of a mark during the course of business. The Nike Swoosh logo has trademark protection, and Nike registered the swoosh in 1995.
My business name is already taken but I’ve been using it for a few years now. What do you suggest I do?
You could create a new business name and then, file a DBA in your state for the brand you want to create. That way – you can operate under the brand name you prefer.
Mine seems to be available. Do I need a copyright on my business name too?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, http://www.uspto.gov. I’ll create a walkthrough guide during business week (the first week of every month here at I Love Making Money).
Okay my business name is available. I now want to setup my LLC. Do you have a service that does that? I don’t want to take any chances making mistakes.
Hey Esle,
For the LLC Setup, we have partnered with Incfile to help you get setup. They will help you with your LLC setup and paperwork at no cost to you. You would just pay the govt’s registration fees.
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Thanks!
It says the name i want to use is available in my state but how would I see if its available so I can get it trade marked along with a logo? Thanks for your time.
To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.
My business name is available in Wyoming but registered in Texas under a different owner. Can you have the same LLC name in your state?
This site is very detailed. Thank you so much.