How to Choose a Business Name

Once you start that business that will change the world (or your block), how do you go about giving it a name that will truly reflect the company and your products? If you are the sole owner of your business (sole proprietor), you can operate the business using your own full name.  In fact, in most states, it is presumed that you will operate under your own name if you are a sole proprietorship.

 

Once you start to take on partners or if you have plans for growth outside of your garage, you’ll probably want to consider using a separate, distinctive name for your business. Selecting a name can be very difficult. You don’t want a name that looks like something your cat typed up from walking on the keyboard, something that might get lost in translation, or something that looks so generic it gets lost in the sea of commerce. So when you find that “Eureka!” moment, here are some steps to make sure that you can use that name.

 

Check for Conflicts

Fire up your favorite search engine (Google, Yahoo, MS Search, etc) and do a search to see if someone else is using that name. In the case of products or services, you can also check to see if there is a trademark registered for that name as well. The US Patent and Trademark Office’s (USPTO) website has a search tool for trademarks that can assist you.  You can also check your state’s Secretary of State for any trade names that have been registered within the state. The USPTO search will provide a wider search, however.

 

Resolve Name Conflicts

If your product, service, or company is different and distinguishable, then in most cases there shouldn’t be an issue if you find another company with that name. If you are in a different industry than the company with the name conflict, then you may be able to continue with using that same name. However, you may want to consider if sharing a name with someone else would be good for your business, especially if you want to create your own identity. If there is a conflicting name and it is trademarked, however, you may be out of luck, unless the trademark owner is willing to part with their rights to their name. Sometimes they will, but for a hefty fee. If you don’t find a conflict, you are not required to trademark your name, but you should look into it if you would like to protect that name.

 

Make it Official

Once you’ve settled on a name that you can use, the next step is to register your name where you will be doing business. The rules for registering a business name vary by state, but you can refer to the “Business Name Registration (Doing Business As)” page on Business.gov for guidance within your state.

 

Additional Resources:

Business.gov: Business Naming Advice

USPTO: Trademark, Patent FAQ

SBA: “Name Your Business”