Starting a new business can be overwhelming, confusing and exciting all at once. Whatever the business, all new businesses need to deal with financing, advertising, business, ownership structure, etc.. One area that is ignored by many is ensuring that the name of this business is truly available.
There are 16+ million trade names in use in the United States. Similar names thing, if close in sound, appearance or meaning. Similar names in associated courses, distribution channels and client issue too. You’re influenced by Common Law usage (14 million), State Trademarks (500,000) and Federal Trademarks (two million).
Research is needed to make certain your trade name is legally available and it is best to do this before: launching, expansion, incorporation or designing your own logo.
Here are the two main reasons research is a requirement:
* It Is Your Duty
It is up to every business owner to make certain that the name they’re using isn’t infringing upon another’s Federal or State trademark as well as any previous Common-Law rights. Florida Department of State entity search While some governmental agencies (e.g. County Clerks,” Secretary of States, the US Patent and Trademark Office) will run their own research, it’s rather limited in scope.
* It’s for Your Advantage
In an ever-expanding marketplace, the competition amongst businesses has become fiercer. Overcoming the obstacle of reaching consumers is but one little step. Now, once that initial contact was made, how you get a consumer to purchase and/or come back to you is a much larger obstacle. Brand recognition will be a major asset to you in this area.
Let’s examine it from the perspective of the majority of consumers’ shopping habits – several visits to unique stores, sites, etc. to be able to compare and contrast. Ensuring that your name is lawfully available means that customers won’t confuse your products/services with a different party’s products/services and so, guaranteeing that if clients seem your own business up by name, they’re finding you rather than your competitor.
The next question is the way to start it?
Preliminary research is a great place to begin but keep in mind that any free source available on the internet is simply scratching the surface. Comprehensive research involves searching the registered and pending Federal & State trademark files as well as US National Common-Law files. Additionally, it’s not just what you search but how you search it. Similarities in Sound, Appearance or Meaning matter, therefore when searching preliminary blogs make certain to look for synonyms, spelling variants, word placements, etc..
Free preliminary resources:
* Your County Clerk – may have an online searchable database
* Your Secretary of State – might have an online searchable database
* USPTO – go to the TRADEMARKS section
* Search Engines
* Online Yellow Page Listings
It is ideal to leave the comprehensive research aspect to professional firms or attorneys. But first, make the most of the free resources that are available on the market. Then, if the name seems to be available, you are able to delve into having comprehensive research ran. Considering that the comprehensive research demonstrates clear, you can then decide if you want to file for a Federal or a State trademark.
With the hundreds of details facing the new business owner, the name of the business should be one of the first procured details. As soon as you know the name is legally available, you will have the ability to rest easy that you are not infringing upon anyone and that your clients know exactly who you are.Read More