Search Your Business Name - Why You Need To & How To Get Started
Search Your Business Name - Why You Need To & How To Get Started
There are 16+ million trade names in use in the United States. Similar names matter, if close in sound, appearance or meaning. Similar names in related classes, distribution channels and customer matter too. You are affected by Common Law use (14 million), State Trademarks (500,000) and Federal Trademarks (2 million).
Research is needed to make sure your trade name is legally available and it’s best to do this before: opening, expansion, incorporation or designing your logo. After all, why put in all that time, effort & money into a name that is already owned by another party?
Here are the 2 most important reasons research is a necessity:
* It’s Your Responsibility
It is up to each business owner to ensure that the name they are using is not infringing upon another’s Federal or State trademark as well as any prior Common-Law rights. While some governmental agencies (e.g. County Clerks, Secretary of States, the US Patent and Trademark Office) will conduct their own research, it is quite limited in scope.
For instance, in filing a Federal trademark, the US Patent and Trademark Office (hereafter referred to as the USPTO) does conduct a search of the Federal trademark registry, typically about 6-8 months into the process. However, this search does NOT include State trademarks or Common-Law databases, such as incorporations, fictitious names/DBAs, company directories, domain names, product announcements, etc.
* It’s for Your Benefit
In an ever-expanding marketplace, the competition amongst businesses has become fiercer. Overcoming the obstacle of reaching consumers is but one small step. Now, once that first contact has been made, how you get a consumer to purchase and/or come back to you is a larger hurdle. Brand recognition will be a major asset to you in this area.
Let’s look at it from the point of view of most consumers’ shopping habits - several visits to different stores, sites, etc. in order to compare and contrast. Ensuring that your name is legally available means that customers will not confuse your products/services with another party’s products/services and thus, guaranteeing that when customers look your business up by name, they are finding you and not your competitor.
So, we’ve established that comprehensive research of your business name is a necessity. The next question is how to go about it?
Preliminary research is a great place to start but keep in mind that any free resource available online is merely scratching the surface. Comprehensive research entails searching the pending and registered Federal & State trademark files as well as US National Common-Law files. Also, it's not just what you search but how you search it. Similarities in Sound, Appearance or Meaning matter, so when searching preliminary sites be sure to look for synonyms, spelling variations, word placements, etc.
Free preliminary sources:
* Your County Clerk - may have an online searchable database
* Your Secretary of State - may have an online searchable database
* USPTO - go to the TRADEMARKS section
* Search Engines
* Online Yellow Page Listings
* Domain Name Databases
It's best to leave the comprehensive research aspect to professional firms or attorneys. However, first, take advantage of the free resources that are out there. Then, if the name appears to be available, you can delve into having comprehensive research conducted. Provided the comprehensive research proves clear, you can then decide if you want to file for a Federal or a State trademark.
With the hundreds of particulars facing the new business owner, the name of the business should be one of the first secured details. Once you know the name is legally available, you'll be able to rest easy that you are not infringing upon anyone and that your customers know exactly who you are.
Search Your Business Name Why You Need To How To Get Started - To learn more about this author, visit Shannon Moore's Website.
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Starting a new business can be overwhelming, exciting and confusing all at once. No matter the industry, all new businesses have to deal with financing, advertising, organization, ownership structure, etc. One area that is neglected by many is ensuring that the name of the business is truly available.
There are 16+ million trade names in use in the United States. Similar names matter, if close in sound, appearance or meaning. Similar names in related classes, distribution channels and customer matter too. You are affected by Common Law use (14 million), State Trademarks (500,000) and Federal Trademarks (2 million).
Research is needed to make sure your trade name is legally available and it’s best to do this before: opening, expansion, incorporation or designing your logo. After all, why put in all that time, effort & money into a name that is already owned by another party?
Here are the 2 most important reasons research is a necessity:
* It’s Your Responsibility
It is up to each business owner to ensure that the name they are using is not infringing upon another’s Federal or State trademark as well as any prior Common-Law rights. While some governmental agencies (e.g. County Clerks, Secretary of States, the US Patent and Trademark Office) will conduct their own research, it is quite limited in scope.
For instance, in filing a Federal trademark, the US Patent and Trademark Office (hereafter referred to as the USPTO) does conduct a search of the Federal trademark registry, typically about 6-8 months into the process. However, this search does NOT include State trademarks or Common-Law databases, such as incorporations, fictitious names/DBAs, company directories, domain names, product announcements, etc.
* It’s for Your Benefit
In an ever-expanding marketplace, the competition amongst businesses has become fiercer. Overcoming the obstacle of reaching consumers is but one small step. Now, once that first contact has been made, how you get a consumer to purchase and/or come back to you is a larger hurdle. Brand recognition will be a major asset to you in this area.
Let’s look at it from the point of view of most consumers’ shopping habits - several visits to different stores, sites, etc. in order to compare and contrast. Ensuring that your name is legally available means that customers will not confuse your products/services with another party’s products/services and thus, guaranteeing that when customers look your business up by name, they are finding you and not your competitor.
So, we’ve established that comprehensive research of your business name is a necessity. The next question is how to go about it?
Preliminary research is a great place to start but keep in mind that any free resource available online is merely scratching the surface. Comprehensive research entails searching the pending and registered Federal & State trademark files as well as US National Common-Law files. Also, it's not just what you search but how you search it. Similarities in Sound, Appearance or Meaning matter, so when searching preliminary sites be sure to look for synonyms, spelling variations, word placements, etc.
Free preliminary sources:
* Your County Clerk - may have an online searchable database
* Your Secretary of State - may have an online searchable database
* USPTO - go to the TRADEMARKS section
* Search Engines
* Online Yellow Page Listings
* Domain Name Databases
It's best to leave the comprehensive research aspect to professional firms or attorneys. However, first, take advantage of the free resources that are out there. Then, if the name appears to be available, you can delve into having comprehensive research conducted. Provided the comprehensive research proves clear, you can then decide if you want to file for a Federal or a State trademark.
With the hundreds of particulars facing the new business owner, the name of the business should be one of the first secured details. Once you know the name is legally available, you'll be able to rest easy that you are not infringing upon anyone and that your customers know exactly who you are.
Search Your Business Name Why You Need To How To Get Started - To learn more about this author, visit Shannon Moore's Website.
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John AlexanderJohn has taught keyword research and SEO skills to small groups of business owners and Webmasters from over 80 different countries world wide since 2002. John is also the Director of Search Engine Academy ; Co-director of Training at Search Engine Workshops offering live, SEO Workshops with his partner SEO educator Robin Nobles, author of the very first comprehensive online search engine marketing courses at SEO Training Online and the SEO Workshop Resource Center. I look forward to hearing from you! - Visit John Alexander's Website |
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Stephanie RobeyStephanie Robey is President and CoFounder of Pivot Positive, LLC - an Internet marketing business focused on helping people start work at home ventures. Previously, she was employed at The Search Agency with over 20 years experience in graphic design and 10 years experience in online marketing. She was responsible for launching the Conversion Path Optimization (CPO) unit where she and her team have conducted hundreds of optimization tests for online companies across multiple verticals. She is a successful entrepreneur having started and sold 2 companies and remains on the board of directors of the third, PhotoSpin.com Stephanie began her career in the direct marketing realm creating and producing direct mail for many of the major cable television companies and directly attributes her understanding of Internet marketing to those early offline experiences. Stephanie is a graduate of San Diego State University with a BFA in Graphic Arts and also holds an Executive MBA from the Graziadio School of Business and Management at Pepperdine University. Read Steph's Blog Meet Steph and Dave Sign up for our Free 7-Day BootCamp: Self Employed & Rich - Visit Stephanie Robey's Website |
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Kim CastleWith nearly two decades in the advertising and design business, with clients like Domino's Pizza, General Motors, Direct TV, Pedigree, Wolfgang Puck, Higher Octave Music, Hollywood Celebrity Products, Disney, and Paramount, as well as thousands of entrepreneurs around the world define, structure, communicate, and position their business for greater profits, BrandU(R) co-creators Kim Castle and W. Vito Montone discovered that entrepreneurs could experience the same power that big brands command for a fraction of the cost with the world's only process-based results-drive Integral approach to business creation. BrandU(R) is helping entrepreneurs grow with the power of extreme clarity from idea...to brand...to market(TM) and helping one million entrepreneurs become successful and whole so that they can make a difference in the world. Are you one of them? If you want to experience clarity all the way to the bank(TM), get started now at http://www.brandu.com. - Visit Kim Castle's Website |
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David BarrDavid Barr is the President of Venture Opportunities, Inc. David has been a professional business broker/intermediary since 1980 focusing on General Business Brokerage and Mergers and Acquisitions representing client transaction value from $400,000 to $20,000,000. Mr. Barr has handled the sale of over four hundred and fifty companies. David earned a university degree from the State University of New York majoring in economics and business. David holds the Mergers and Acquisition Master Intermediary and the Certified Business Intermediary designations from the International Business Brokers Association. He is also a Senior Business Analyst and a Texas licensed Real Estate Agent. For more information about David and Venture Opportunities, visit www.bizdealmaker.com. - Visit David Barr's Website |
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Anne BarrAnne Barr has over 26 years experience in sales and marketing, six years as a franchisee. She has assisted over 367 business owners and purchasers to achieve their goals in career change, transition and exit strategy. She holds the designation of Certified Franchise Executive from the International Franchise Association, Certified Business Intermediary from the International Business Brokers Association and Board Certified Broker from the Texas Association of Business Brokers. Anne is active in professional organizations, networking groups and volunteers for non-profit entities. As owner/operator of four successful businesses, Anne has proven people skills and enjoys helping clients find the right "fit" in business ownership. Visit www.FranchiseOpportunitySpecialist.com for more information about me and my company. - Visit Anne Barr's Website |
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Casey GollanCasey Gollan, Business Coaching & Mentoring Programs. Add $1 Million to $10 Million in the next 1 to 3 years. Since 1996 Casey has to added hundreds of millions of dollars to businesses. Watch a free video see client results Business Coaching website. - Visit Casey Gollan's Website |
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Jeff FosterWebBizIdeas.com is a Minneapolis website design company founded to help people start an internet business by providing them with website, business, and internet resources that help foster the growth of successful online businesses and develop innovative Internet business ideas. We specialize in internet consulting & internet marketing. - Visit Jeff Foster's Website |
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David AchesonDavid Acheson is the founder of DCJA Consultancy. DCJA Consultancy is a management consultancy business specialising in B2B sales consultancy. They offer bespoke and packaged sales consultancy including Sales Optimisation Review, Interim Sales Management, Sales & Marketing Review, 1:1 Sales & Management Staff Analysis, Management Training, Solution Sales Training, Creation of New Pay Plan, KPI's, run Customer Feedback Campaigns, assist with Recruitment, Coaching, Appraisals and set up Strategic Marketing Campaigns. David spent his early career in accountancy and then moved into sales in 1982, working in Office Equipment, IT, Advertising, Training, Outsourcing and Consultancy. He has held many Senior Positions in SMBs and Global Organisations including Head of Sales Operations & Head of Business Development. His knowledge, skills and great experience of the Sales Industry has led to David making keynote speeches and running educational sessions to key businesses through organisations including The Chamber of Commerce and Business Link. - Visit David Acheson's Website |
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TradeMark Express - Shannon Moore is the General Manager for Trademark Express. Since 1992, we've helped clients with their trademark needs. This includes free general trademark consultations, comprehensive research and expert analysis of complex trade name searches & trademark application preparation and filing.
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