This preview shows page 1. Sign up to view the full content.
Unformatted text preview: always watch out for people using the same or confusingly similar names, because the sooner it
complains, the better for its legal arguments. Researching Whether a Name is Available
You can’t absolutely guarantee that nobody has the name you want, but you can at least try. You
don’t want a business name that can cause problems later because it confuses you with some other
business. That’s obvious, but how do you research a name to make sure there won’t be a conﬂict?
There is no single sure way, but here are some suggestions:
• Search Online. Start with your favorite search engine and see whether anything turns up
on the company name you’re considering. You can also go to the U.S. Patent and Trademark
Ofﬁce website, www.uspto.gov or www.knowx.com, or similar sites. • Search the Internet domain names. There are several websites that offer access to the Internet
databases using the search term ‘whois’. The most traditional site for this is the one at Network
Solutions, www.networksolutions.com. • See an attorney. Since you probably want to talk to an attorney about the correct business
entities and other start-up matters, you may also ask your attorney about checking on business
names. Generally, you want to do your own check ﬁrst to catch any obvious conﬂicts. Ultimately, you really protect your business name by using it. Corporations are registered by states,
and ﬁctitious business names are registered in counties. Registering a name doesn’t really protect it
though, because the same name could legally exist in many other states, many other counties. HURDLE: THE BOOK 4.4 ON BUSINESS PLANNING You could be Acme Corporation in Illinois and legally own that corporation in that state, but there
could be another Acme Corporation in every other state, and every one of them is legal until you
win a lawsuit proving that they are trading on the commercial interests you own. When you really
get protection is when you ﬁnd somebody else using the n...
View Full Document
This note was uploaded on 01/26/2014 for the course BUINESS 102 taught by Professor Unknown during the Winter '09 term at University of Phoenix.
- Winter '09