# How do i find out if my business name is gonna be available for use or not?



## Rookie Rise (Mar 27, 2009)

Well I've recently started to finally get my business going and I searched the business names on the trademark site and the name i have hasn't been taken... but i searched yahoo and there are already established companies with the name i was gonna use, How do i find out if my business name is gonna be available for use or not? I don't want to get into any illegal drama!!!


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## GraduateClothing (Feb 22, 2009)

You will have to check with a trademarker... just because people use a name doesnt mean they have ot trademarked


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## Rookie Rise (Mar 27, 2009)

if its there a legit business, then does it HAVE to be trademarked? If it isn't trademarked then can i take all rights to the name?


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## Rodney (Nov 3, 2004)

millakilla58 said:


> if its there a legit business, then does it HAVE to be trademarked? If it isn't trademarked then can i take all rights to the name?


No, you don't *have* to trademark your name when you start a business.

Trademarks generally help to protect others from using the same brand.

But just starting a business, you don't need to register a trademark.

It may be smart to check the trademark database to see if someone already holds a trademark for the name you want to use for your business. Also searching Google can help as well.


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## holynight (Jan 24, 2009)

if you want to check out site addresses go onto
Whois.com - Domain Names & Identity for Everyone

It tells you who owns the name, how long they have it, and if its even used.

a lot of people by domains and don't even use them, they try to sell them to others at a much higher price.


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## Solmu (Aug 15, 2005)

millakilla58 said:


> if its there a legit business, then does it HAVE to be trademarked?


Nope.



millakilla58 said:


> If it isn't trademarked then can i take all rights to the name?


Nope. Even if they haven't trademarked their name, they may hold exclusive legal rights to it, established through their use of the name. If you try to trademark the name (or operate under it) they could challenge your use of it.

If you have a name you wish to use, and you're not sure whether or not it's currently in use, then the best bet would be to consult an intellectual property lawyer for a recommendation.


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## prv8eye (Apr 29, 2008)

You don't need to trademark a business name to use it.
You just get a business license from your city or county (depending on your business address) and file a "Fictitious Business Name".
Filing a Fictitious Business name requires you to post a notice in a newspaper of general distribution.
This gives others who may already be using the name to object within a certain number of days.
If you use due diligence to insure that no one else already using your business name you're not going to have any "drama".
The quickest way to check, these days, is to do a Google search for the name. Most every business in existence will pop up through the phone directories on line.
All of this won't prevent another from calling his business in another area the same as yours. I often wonder how many "Pacific Motel"s there are along the left coast or businesses around the Great Lakes called "Lake View" something or other.
But even a trade mark will not enforce your right to the name. It only gives you juice if YOU decide to spend your money in a legal fight to protect the name.
No federal agent is going to knock on someone's door and tell them they have to shut down because you have a trade mark.
Your best protection is to use a name first, use it often, become a big success so you have the money to crush anyone in court who dares use "your" name<G>.

Semper fi,
Gus


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## lametina (Apr 14, 2009)

What's good peoples??? I HAVE A QUESTION REGARDING the Name situation.....
I live in Indiana, and they told me I had to see a Recorder in order to own the name of my clothing line....
Was that the right way to do it???


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## Grimy Clothing (Apr 22, 2009)

millakilla58 said:


> if its there a legit business, then does it HAVE to be trademarked? If it isn't trademarked then can i take all rights to the name?


yes if im not mistaken. if they other person DOES NOT have the name trademarked, and you are starting a company with the same name, then yes you could get it trademarked before them, then they therefore have to stop using the name, tough luck huh. get it before they do.


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## Grimy Clothing (Apr 22, 2009)

lametina said:


> What's good peoples??? I HAVE A QUESTION REGARDING the Name situation.....
> I live in Indiana, and they told me I had to see a Recorder in order to own the name of my clothing line....
> Was that the right way to do it???


A lot of these questions are being asked in the wrong place, its good to come here for advice. but the best piece of advice I can give is see a lawyer, they have lawyers for everything nowadays. There are trademark lawyers, i think that would be your best bet. i dont know who "they" are but if it is city workers, i wouldnt listen to everything they tell you. the best thing is to get a trademark lawyer, and he will help you through it, plus you dont just want your name to be protected in Indiana, you would want it national.


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## Solmu (Aug 15, 2005)

Grimy Clothing said:


> yes if im not mistaken. if they other person DOES NOT have the name trademarked, and you are starting a company with the same name, then yes you could get it trademarked before them, then they therefore have to stop using the name


You are mistaken.


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