How to Check Trade Name Availability: A Step-by-Step Guide
Navigation
Introduction
Checking the availability of a trade name is a critical step in establishing your business identity, often done through a trademark search. It ensures that your chosen name is not only unique but also legally protected. This guide will walk you through the steps necessary to check the availability of a trade name, helping you avoid potential legal issues and brand confusion down the line.
What is a Trade Name?
A trade name, often referred to as a “doing business as” (DBA) name, is the name under which a business operates and presents itself to the public. Unlike the legal name of the business, which is registered with the state, a trade name can be more flexible and is often used for branding and marketing purposes.
Why Check Trade Name Availability?
Ensuring your trade name is available is crucial for avoiding legal conflicts and protecting your brand. If your trade name is already in use by another business, you could face lawsuits, lose customers, and damage your brand’s reputation. Additionally, you may find it difficult to secure domain names and social media handles if your chosen name is already taken.
Steps to Check Trade Name Availability
State-Level Checks
Start by searching your state’s business name database. Each state has its own process and database for checking name availability. This step ensures that your trade name is not already registered within your state, which could prevent you from using it.
Federal Trademark Search
Conduct a search in the U.S. Patent and Trademark Office (USPTO) database. This step is crucial because even if your name is available at the state level, it might be trademarked federally, which could lead to legal issues if you use it.
Domain Name Availability
Check if the corresponding domain name is available. Securing a matching domain name is vital for maintaining a consistent online presence. You can use platforms like GoDaddy to see if the domain name is available.
Social Media Handles
Lastly, check social media platforms for the availability of your trade name as a handle. This ensures that your branding is consistent across all platforms.
What to Do If Your Trade Name is Taken
If your desired trade name is already in use, don’t panic. You have several options:
- Modify the Name: Consider altering the name slightly, such as adding a word or changing the spelling.
- Choose a New Name: It might be necessary to brainstorm a completely new name that reflects your brand.
- Consult Legal Advice: If the name is crucial to your brand, consult with a trademark attorney to explore your options.
Register Your Trade Name
Once you’ve confirmed that your trade name is available, the next step is to register it through a trademark application. This process varies by state but generally involves submitting an application and paying a fee. Consider also registering your trade name as a federal trademark to protect it nationwide.
Tips for Choosing a Trade Name
- Be Unique: Ensure that your name stands out from competitors.
- Keep it Simple: A simple, memorable name is more likely to stick with customers.
- Think Long-Term: Choose a name that will still be relevant as your business grows and evolves.
- Check for Similar Names: Avoid names that are too similar to existing businesses to prevent confusion and potential legal issues.
Conclusion
Taking the time to thoroughly check the availability of your trade name can save you from future legal headaches and help solidify your brand’s identity. Follow the steps outlined in this guide to ensure your trade name is both available and protected.
About
Attorney Collier started his own law firm straight out of law school and has been practicing law in Ohio for 5+ years. During that time, Joe focused on business law and litigation, gaining some exposure to intellectual property law. While running his firm in 2021, Joe decided to go back to school and get his patent license. Since then, Attorney Collier has been focusing on protecting innovators and entrepreneurs through his expertise in intellectual property and business law.