Bongiovi Law Blog

20

When naming your business, it's important to check the public records to be sure there isn't any other business already using the name.  

I received a call today from a client who wanted to use the plural version of a name already in use for the exact same business.  In support of his using the name, he said that the city business license bureau was willing to issue him a license. 

Licensing bureaus are only too happy to take your money and issue you a license.  It's not their job to check to see if the name is already in use.  In fact, if you end up getting a license under a name already in use, the first company can come after you for infringing on their name.

I suppose I should clarify - you don't have to actually register a trademark in order to have some protection against someone else using it.  You only have to use it in "commerce," which means you actually have to use it in conducting your business, and you have some protection.  Granted, registering it does provide additional protection. See "Should I Register My Mark?"

Finally, you cannot steal a name from someone already using it by registering it.  Simply by virtue of using the name in commerce, they have established intellectual property rights in the name.  Any attempt to steal it will most likely trigger a lawsuit.

How do you know if the name you want is already taken?  Google it first. Then check the business license bureaus, the Secretary of State, and the county DBA database.  Here are some links:

City of Las Vegas

City of North Las Vegas

City of Henderson

Boulder City

Clark County, Nevada

Nevada Secretary of State

Comments

Steve O'Donnell
Tuesday, April 20, 2010 8:02 AM
Gina, nice post. I just wanted to add that adding a trademark search into that mix is a good idea since that, if done well, will also uncover similar, but slightly different registered marks that could be a problem later on.
Kevin Houchin
Friday, April 23, 2010 6:03 PM
Right on Gina! Naming is one of the most critical success factors in small business - it's where trademark, creativity, and marketing all intersect. It shouldn't be taken lightly.

Also, feel free to use my "No Lame Names" ebook for people who are kicking names around. It'll help them pick a name that is available, creative, and protectable. It's free. Let me know if you want me to send you a copy.
Philip Cohen
Monday, June 07, 2010 2:09 PM
Hi Gina,

Two other words of caution.... First, be sure the url is available. It's a lot easier for people to find you if your company name and your url is the same. .com is best, although some internet people will tell you .net is ok. I've had numerous clients tell me people can find them when they use something other than .com. Some clients even tell me people end up at their competitors.

Second, be sure you're name is memorable, otherwise people might not remember it or have a hard time finding you. Our company name is an acronym that was created before the internet. After 15 years we're finally changing it because people can't spell it and we don't have millions to make it memorable like Xerox.

Philip

Philip

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