Ideally, before you choose a business name (and spend the time and money getting domains, branding, registrations, etc.) you will want to check to see whether anyone else could be using that name.
A similar name on a similar product could block your right to own your brand. Luckily, this is totally avoidable.
If you are choosing a brand new business name, here are some things to keep in mind:
- If you plan to use your business name as your main brand, you’ll want to protect your business name with a trademark.
- One strategy for distinguishing your name from other brands is to use a wholly invented word. Brands like Spotify, Starbucks, Exxon, and Kodak use an invented word and enjoy the strongest trademark protection.
- To be eligible for trademark protection, your name cannot be too similar to any existing brand names in your area of business. So your best bet is to search for similar names in a few places:
- 1) Google
- 2) The U.S. Patent and Trademark Office (PTO) database (TESS) http://tmsearch.uspto.gov. Search for anything that is spelled similarly or sounds similar when you say it out loud. A creative spelling likely won’t differentiate you from another trademark (ex. WYRD and WORD sound the same when you say them out loud).
- 3) The business name registrations in the state where you plan to register your legal entity (likely either your home state or the state of Delaware). Note that just because your name is available for filing with the Secretary of State, that does NOT mean your name can be trademarked.
- 1) Google
- You can always create a brand name that is different from your legal business name. For example, my legal business entity is named ANH LLC and one of my brands is “Grown Up Business.” I could file for trademark protection for “Grown Up Business” but not worry about protecting “ANH” (my initials).
Using a DBA or Assumed Name as your main brand
If you already have a legal business name but have realized that 1) trademark protection isn’t available for your legal business name or 2) you would simply prefer to use a different brand name, you don’t have you change your legal business name. Instead, you can use a “DBA.” DBA stands for “Doing Business As” and is also known as “Assumed Name.” Using the example above, my company would be “ANH LLC dba Grown Up Business.”
DBAs are managed by the same government entity that manages legal business names — the Secretary of State’s office. You don’t need a lawyer to file for a DBA. In Minnesota, for example, you can file a “Certificate of Assumed Name” for your business and pay a $50 one-time registration fee.
Note that as part of legally registering a DBA, some states have publication requirements. This means you have to publish a legal notice in a “legal newspaper” in your local area at least once, and perhaps multiple times. Theoretically, publishing a legal notice about your business’s intention to use a DBA notifies the general public that the trade name for the business is different from the legal name. In reality, nobody will pay much attention to your legal notices. Still, you have to follow the rules in order for your DBA to be legally effective.
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Once you are set on a brand name, file for trademark protection as soon as possible. Even if you haven’t started selling anything yet.