When launching a new business, one of the first steps is choosing a unique name. However, it’s vitally important to verify if your desired business name is already in use to avoid potential legal and branding headaches. Understanding how to check if a business name is taken is a critical step to avoid infringing on existing trademarks or business registrations, which can lead to severe legal and operational consequences. 

If you inadvertently select a business name already in use, you may be targeted by various legal actions from the original holder, including cease and desist orders or lawsuits for trademark infringement. This can be costly, not just in terms of legal fees but also in the potential loss of business and damage to your reputation. Furthermore, you might be forced to rebrand, which will involve additional expenses for new marketing materials, signage, website changes, and efforts to rebuild customer recognition and trust under a new name.

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Choosing a Business Name

The importance of choosing the right name extends beyond legal compliance; it’s also about carving out a unique identity in the marketplace. A well-chosen name helps set the tone of your brand, communicates your business’s values and offerings, and makes you memorable to customers. 

To safeguard your business from potential issues, it’s essential to check business name availability thoroughly before making a final decision. This includes looking through state and federal databases to ensure your chosen name is truly available and won’t jeopardize your business’s future success. Keep in mind that a business can acquire trademark protections through the mere public use of a name, even if it hasn’t been formally trademarked.

Also, be aware that a business name can be considered to be infringing on an existing business even if it’s not an exact match. Trademark law in the United States operates on the principle of “likelihood of confusion,” which means that if a new business name is sufficiently similar to a registered trademark in the same or related industry, it could be deemed infringing. 

The following infographic from FastFilings will guide you through the process of checking business names.

How to Verify if a Business Name is Already in Use

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