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Once you have decided on a name (or several possible names) for your business, products, or services, you may want to register that name. But before you register your business name, you will need to conduct a search to verify that no other business has already registered the name(s) you are considering.
This sometimes requires more work than a simple Internet search, although the U.S. Patent and Trademark Office (USPTO) provides a search tool. You can also visit a Patent and Trademark Depository Library (PTDL), which have product guides and other resources to search for similar trademarks in addition to exact matches. A mark that has the potential to cause confusion among consumers, even if it doesn't necessarily show up in an online search, could create a legal dispute.
Finding the right business name and ensuring its availability early in the startup process can save you major headaches down the road. The following questionnaire identifies the information that will be required in order to conduct a proper search. See FindLaw's Trademarks section to learn more.
APPLICATION FOR REGISTRATION OF: Trademark_____ Trade name_____ Service mark_____ Applicant's name ____________________________________________________ On behalf of (business name) ____________________________________________________ I have authorization to act on behalf of the above-named business. Yes_____ No_____ Official title: ____________________________________________________ Applicant is a: Sole proprietorship_____ Partnership_____ Corporation_____ Limited liability company_____ Other_________________________ If applicant is a sole proprietorship, are you a U. S. citizen? Yes_____ No_____ If applicant is a corporation, state of incorporation: _______________________ Applicant's business address: ____________________________________________________ ____________________________________________________ Applicant's business telephone number, including area code: _______________ Applicant's business fax number: _______________________________________ Applicant's business e-mail address: _____________________________________ Application is for: Federal registration only_____ State registration only_____ Both_____ State(s) in which registration is desired ______________________________________ Is registration outside of the United States desired? Yes_____No_____ If so, in what other countries? ____________________________________________________ ____________________________________________________ Date the name or mark began/will be in use: ____________________________ The name or mark will be used to identify (check all that apply): A business organization_____ Goods_____ Services_____ Registration is for (check all that apply): Word(s) only_____ Word(s) in special lettering_____ Logo or design_____ Word(s) and logo_____ Company name_____ Domain name_____ Print, type, or attach the exact name or mark here. The name or mark relates to the following type of business, product(s), or service(s): ____________________________________________________ ____________________________________________________ Research conducted to date included the following resources: ____________________________________________________ ____________________________________________________ Results of that research: ____________________________________________________ ____________________________________________________ I have personal knowledge that all of the above information is true, complete, and accurate. _____________________________ Date:__________________ On behalf of ___________________________ |
Get Legal Help with Your Business Name and Trademarks
Your business name is your identity, so it pays to not only find a fitting name, but to also make sure it's legally available. If you need help searching for trademarks associated with your proposed business name or trademark, consider meeting with a trademark law attorney today.
