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What is the best and most secure way to find out if a business name is available to register?

I would like to know if I can legally use a particular business name.  

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6 answers

Report Fabian's answer

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Hi Fabian, thank you - I've actually come across this and haven't found anything exactly matching the name I want to use. But, I have found something containing two out of the three words I plan to use.  Basically I want to use 'Blank Blank Designs' and there is a business registered as 'Blank Blank Shop.'  Do you know how I can make sure it's ok to still use the name I want?  And don't I have to perform a nationwide search or its only a state thing?

thank you again,

 

Jess

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Its only by State. No need to do a natioanl search. 

Report Fabian's answer

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I recomend that all my clients and people that I am mentoring work closely with a lawyer who is experienced in their business.

Especially when it comes to business names that you want to use on labels and cards you must have an experienced trade mark attny. make sure it is clear for you to use so you do not waist your money and then have to remake everything.

Report William's answer

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Hi William,

Thank you for your response.  I'm pretty sure I'm clear on my Business Name.  I just have to go for the trademark and see what happens.  I don't have the money to front for a trade mark specialized attorney.  I've done some preliminary searches on my own, and I think I'm ok.  But we'll see.  If you have any further advice or contacts, I'd greatly appreciate your input. Thanks again!

Jess

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Congratulations on taking the next step to securing your brand and name.A couple of items to consider when securing your name:- Trademark is based on the day you begin to use your name in commerce. Although protecting your name via a Trademark infrigement case doesn't require you to have officially submitted a Trademark, it does help. To check to see if the name you want to use is already trademarked, you can use the TESS system from the Trademark office website located here: http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=4808:9lx2xz.1.1- You might also want to do a name search against the NYS Corporation and Business Entity Database. This will allow you to see if there are other business out there that also share the same name. You can do this search here: http://www.dos.ny.gov/corps/bus_entity_search.html

Even if you share a similar name as another business, Trademark protection is very specific when defining when you can and cannot use the name.Good luck in your venture.

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