I'm not sure if this has been covered before so I apologize if it has been.

I was wondering about selecting a business name. What steps are needed to be sure a name isn't already copywritten or something. I'm not sure if there are specific steps that need to be taken before starting to use a name.

I have already picked a name that I like and purchased the domain name, which was available, but that certainly doesn't mean it's not already used somewhere else around the country that would not allow me to use it later down the road.

Does anyone have any suggestions about this or know where to look to be sure I don't get myself into trouble?

I'm sure there are more important things to worry about when first starting a business but I would hate to get the word and have to change names later.

Thank you in advance.

Hi Michele,
You can use any business name you want. However, if you want to minimize the risk of law suits, and protect your right to the name, you may want to trademark it. The easiest way to begin is to visit the US Government's Trademark site. They have FAQS and forms there to assist you.

Its certainly not required and it is very expensive and time consuming to file a trademark with no gaurantee that you will own it when you are done the process.

Hi Michele-

You are exactly right. Last year, I purchased a domain name for a new endevour and I really loved that name. I later discovered there was a company with that name...they just didn't have the domain name. I don't understand that because personally, in today's marketing, you want your company name and your domain name to be the same thing.

Here are some steps.

Google the words United States Trademark and Patent Office. On their home page, you'll see Trademarks on the navigation bar. When you click on it, you'll see one of your options is "search." You can search and see if someone has your name. This is good but not foolproof. Someone could have filed for a trademark under your name and it just hasn't made it through the system yet.

Next, just google your name. Put quote marks around it as that tells the search engine to look for that exact phase. Such as "ABC Organizing." Do so in more than one search engine such as google, yahoo, aol etc.

Next, visit NAPO. You'll want to make sure you don't offend any of your future collegues by stealing their name. That is the National Association of Professional Organizers at http://www.napo.net. (This is one of the approved links we are allowed to use on this site.)

You already have a domain name but for someone reading this who doesn't have a domain name, then they will also want to look and see if their business name already belongs to someone else as a domain name.

It takes a lot of research to find a name that isn't trademarked, that isn't used by someone else, that has an available domain name. Be patient.

One tip offered here in the past is to add your name or location to your company name to make it unique. Back to the example. Suppose you chose ABC Organizing but you want it to be more unique then it could be changed with addition of name or location into Chicago's ABC Organizing or ABC Organizing by Michele.

Can't you have the same business name as someone in another state if you are only working in your own state? I know you can't have the same business name as someone in your own state and my state has a web site where you can search to see if business names have been registered.

Do you have to have a business name trademarked, can't you just have it registered and incorporated in your own state? This gets confusing.

Thanks!

Pat-

These are most surely questions for an attorney.

However, I want to note that the days when business was limited to just your state are really over. The moment you have a website with a www address, you've entered the world wide web not just yor state. Someone one who has invested time and money in their company name, website and materials is not going to appreciate you turning up in search engines when people search for them.

When it used to be you just looked in your local phone book, that was one thing but the way we market now, it is totally another.

You do not have to have a business name trademarked. However, if someone else comes along and does trademark that name, then you lose it.

I had that happen to an organizer friend. She had been Organize XXX (made-up name) for 8 years in her town. Someone half way across the country trademarked that name and she got a letter from lawyers telling her to cease using the name. It cost her a fortune to redo her website, business cards, car, marketing materials and not to mention notifying her clients and business networking folks. It was a huge financal burden.

Lea is correct, you should ask an attorney. What I will say is that you need to research, research, research before you pick your name. Even if you have no intention of trademarking it or using it nationally, the other people with your business name may do business in a way that you don't like, which may cause confusion or problems for you.

I will also say that there is another organizer out there who used to use my name. I would get at least one call or email a month for their services. I'm not sure if they received calls and emails looking for me. I do know that I always handled these inquiries very delicately, as I didn't want to negatively impact their chances of gaining the potential clients business.