How to Check if a Business Name is Trademarked

How do I know if a business name is trademarked?
You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)’s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.
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Choosing the ideal name is essential when launching a business. Your company may stand out and draw customers with a creative and memorable name. However, it’s crucial to confirm that no one else has previously registered it as a trademark before you decide on your company name. Here’s how to find out if a company name has a trademark.

The United States Patent and Trademark Office (USPTO) database search is the initial stage. All trademark registrations and pending trademark applications are listed in the database. You can conduct a trademark search using words, phrases, or even specific design components. If the proposed business name is too close to an already registered trademark, your application will probably be denied. It is crucial to remember that you can be violating someone else’s trademark even if your company is not in the same sector as the one that has a trademarked name.

You should perform a broad online search for your desired business name in addition to the USPTO database. To see if any other companies are using the same name, search engines, social media platforms, and company directories should be checked. To minimize misunderstanding and any legal issues, it is better to select a different business name if you find one that is similar. Can someone else use the name of my company?

You have the sole right to use a name in your industry if you have already registered it with your state or received a trademark. However, if another business is operating under a name that sounds similar in a different sector, it may be conceivable for both of them to operate without violating each other’s trademark rights. If you want to know if your company name can be protected and is actually distinctive, you should speak with a trademark lawyer. Is my company’s name subject to copyright?

No, your company name is not subject to copyright. Books, music, and other creative works of art are all protected by copyright. The use of words, phrases, symbols, and designs to identify a firm and its goods or services is protected by trademarks, on the other hand. Can a corporation and an LLC share the same name?

An LLC and a corporation are generally allowed to share the same name as long as they operate in different sectors of the economy. However, it is best to seek advice from a business lawyer or accountant to make sure that your company name does not conflict with any already registered trademarks. How do I create an LLC?

You must submit Articles of Organization to the Secretary of State’s office in the state where you intend to conduct business in order to establish an LLC. The name of the LLC, its purpose, the names of the owners (referred to as members), and the name and address of the registered agent are normally included in the Articles of Organization. You will require a business license and other necessary permits to run your business once the Articles of Organization are authorized.

In conclusion, picking a company name is a serious choice that shouldn’t be made hastily. verify important to complete a thorough search to verify sure your proposed business name has not already been trademarked before deciding on it. Consult with a business attorney or trademark counsel if you have questions regarding the validity of your company name to make sure it is distinctive and can be protected.

FAQ
How do I protect my business name and logo?

You ought to take into consideration registering your company name and emblem as trademarks to protect them. By doing this, you will be granted ownership of them and the sole right to use them in connection with your goods and services. You have two options for getting help: submit a trademark application to the United States Patent and Trademark Office (USPTO) or hire a trademark lawyer. Furthermore, you should keep a regular eye out for any unlawful use of your trademarks and, if required, take the right legal action.

Is the owner of an LLC public record?

Yes, the owner of an LLC is a matter of public record. Limited Liability Companies (LLCs) are a particular kind of business structure that must be registered with the state government in which the enterprise is located. The majority of states require LLCs to file formation documents that contain the owners’, or members’, names and addresses. Anyone who is interested in learning who the owners of a specific LLC are may view these documents because they are public records.