how to know if a business name is taken

5 min read 26-11-2024

Choosing a business name is one of the most critical steps in launching a new venture. A well-thought-out name not only encapsulates your brand identity but also facilitates recognition in a competitive marketplace. However, before settling on a name, it's essential to ensure that the name isn’t already in use. This guide will explore various strategies to help you verify whether a business name is taken.

Why It’s Important to Check Business Name Availability

Before digging into how to check the availability of a business name, let’s discuss why this step is crucial:

Legal Issues: Using a name that's already in use can lead to legal consequences. Trademark infringement is a serious issue that could result in lawsuits, penalties, or having to change your business name entirely after you've built your brand.
Brand Identity: A unique name helps differentiate your business from competitors. A name that’s already taken can lead to confusion among potential customers.
Domain Availability: In today’s digital age, having a corresponding domain name is vital for online presence. If your business name is taken, the related domain could be too.
Future Growth: A name that works for your current offerings might limit you in the future if it’s too similar to other businesses.

Steps to Check If a Business Name is Taken

1. Conduct a Business Name Search

The first step is to search databases that list registered businesses. Here’s how you can carry out an effective search:

A. State Business Registry

Most countries or states have a business registry where you can check if a name is already registered. In the United States, each state has its own business entity search database. You can access these databases online, usually through the Secretary of State's website.

Example: If you are based in California, you can navigate to the California Secretary of State’s business search page and input your desired business name.

B. Trademark Database

It's essential to check trademark databases as well. The United States Patent and Trademark Office (USPTO) provides an online search tool called TESS (Trademark Electronic Search System) where you can verify if the name has been trademarked.

Tip: Even if a name is available at the state level, it could still be trademarked, offering no protection from legal actions.

2. Search Online

Once you have checked official databases, conducting a simple Google search can also yield useful information.

A. Social Media Platforms

Since online presence is critical, checking social media platforms for your desired business name is essential. If someone is already using the name on platforms like Facebook, Twitter, or Instagram, it’s likely that the name is taken.

Example: You could search for your desired name with variations like “YourBusinessName Official” or “YourBusinessName Page” to gauge its availability.

B. Domain Name Check

Websites like GoDaddy or Namecheap allow you to search for available domain names. Enter your desired business name to see if a matching domain exists. If the .com version is taken, consider if you’re open to alternatives like .net or .co, although .com is still the most accepted.

3. Leverage Local Resources

Depending on your geographical location, you may find local resources available to assist in your search:

A. Local Chamber of Commerce

Your local chamber often maintains lists of businesses in the area. They may also provide guidance on the registration process.

B. Small Business Administration (SBA)

The SBA has resources to help new entrepreneurs navigate the complexities of starting a business. They can guide you on checks needed to ensure your name is unique.

4. Seek Professional Assistance

If you're feeling overwhelmed or confused, consider enlisting the help of professional services:

A. Business Attorneys

Consulting with a business attorney can provide legal insights. They can perform thorough searches for available trademarks or advise you on naming your business to avoid potential issues.

B. Branding Agencies

Working with branding professionals can also aid in creating a unique name and checking its availability, ensuring you have a name that resonates with your target market.

5. Use Online Business Name Generators

In some cases, you may find that your initial business idea is taken. Business name generators like Namelix or Shopify's business name generator can help spark new ideas while checking for availability. These tools often come with options to filter based on domain availability.

6. Social Media Handles

Even if the business name is available, the social media handle might not be. Use tools like Namechk or KnowEm to check for username availability across social media platforms. This helps you secure a consistent brand identity across all channels.

7. Consider International Checks

In an increasingly global market, consider checking if a business name you like exists in other countries. Although you may not plan to operate internationally, the internet transcends borders. A business name that exists overseas may still affect your brand.

Example Case: Checking "Digital Marketing Co."

Suppose you have chosen “Digital Marketing Co.” as your business name. Here’s how you can approach the verification process:

State Business Registry: You search your state’s business registry and find no existing “Digital Marketing Co.”
Trademark Search: Using the USPTO's TESS tool, you perform a search and confirm the name isn't trademarked.
Online Search: A Google search reveals several blog pages with similar names but no registered companies using the exact name.
Domain Check: You find that “digitalmarketingco.com” is taken, but alternative domains are available.
Social Media: Checking Facebook reveals that “Digital Marketing Co.” is taken, but variations like “DigitalMarketingCoOfficial” are free.

By following these steps, not only do you see that “Digital Marketing Co.” is technically available, but you also consider adjusting your name to avoid potential conflicts.

Conclusion

Choosing the right business name requires diligence and creativity. By following the steps listed in this guide, you can ensure that the name you select is not only available but also suitable for your brand’s identity and future growth. Checking databases, conducting online searches, and considering professional advice are all essential components in this process.

In summary, avoid potential pitfalls by committing time to research your business name thoroughly. Remember, a unique name paves the way for brand recognition and legal security, ultimately contributing to your business's success!

Useful Resources

By following these comprehensive steps, you'll be well-equipped to choose a business name that sets your venture up for success.