What is Business Name Availability?

Business name availability involves checking to ensure that the business name you have chosen isn’t already in use or reserved. It is wise to conduct a corporate or LLC name availability check if you are getting ready to incorporate your business. If you've got your heart set on a particular name, run a check beforehand to avoid creating assets and spending money branding an unobtainable name.

How to Check Business Name Availability

  • Go to an Online Business Services page.
  • Scroll down to the list titled “File a New Business or Nonprofit."
  • Click on the business structure your business will be set up and registered as.
  • To verify that the name you want for your business is available, type the desired name into the search box.
  • Choose the entity designation from the drop-down menu on the right (if applicable). Make sure you double-check the name before moving forward.

It is vital to select the type of your online business title from the drop-down menu, instead of typing it in. The system will routinely add a default ending to your online business title, based on your online business construction, when you don't select from the drop-down menu.

  • Use “Cooperative,” “Coop,” or similar variations of these phrases in your assumed title.
  • When you enter the title and hit “Search,” the system will let you know if the enterprise title is available or not. If it’s not obtainable, the title and variety of every conflicting enterprise already on file will be shown in the results.

Starting Your Business: Business Name Availability

You do not want to construct an enterprise under one title, only to have another enterprise already using it, driving you to stop using it. Checking enterprise title availability is essential to your business, whether or not it is an authorized or fictitious enterprise title.

Trademark Law

To reduce the hassle regarding your business title, it's worthwhile to grasp the fundamentals of trademark legislation. Normally, emblems are in place to stop an enterprise from utilizing an enterprise title that's more likely to be confused with a competing enterprise. In the event you select a name for your online business that may be a little too much like the title of a competitor, that enterprise might say you are infringing on its trademark rights. When this occurs, chances are that you'll be pressured to alter the title of your online business, and you may even be ordered to pay cash for damages.

Name Searching

Doing a reputation search for all competing companies isn't always a straightforward job. It would be nice to say that there's one place you can go to seek out all the trademarked names in use, yet that isn’t the case. Underneath the legal guidelines that apply in the USA, an enterprise can set up a trademark simply by utilizing the title. Due to this, it's important to be smart and seek out all registered and unregistered logos.

Basic Screening Search

The most effective preliminary steps that you could take, rather than leaping right into a search, is to do an easy screening search to be sure that doing an in-depth search has merit. An effective way of doing a screening search is to plug the proposed title of your corporation into your preferred search engine and check the outcomes. By doing this, you'll be able to quickly and simply see whether somebody is already utilizing your title (or a closely related title) and is already advertising and marketing an identical or similar product.

Look at the Fictitious Name Databases

A necessary step in your search is to explore the fictional title database that's stored by your county or state authorities. This is an essential subsequent step to take after utilizing a web-based search engine. Many small companies register a fictitious enterprise title without ever registering it as a trademark or placing it online.

If you need help with securing a name for your business, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.