A Mistake that Startups Can Avoid

One thing I see business startups do that sets them back a good deal, and perhaps kills the project, is choosing a name that conflicts with another business name.  The name of the company is often going to be used on a product, so it's really a trademark.  Something is a trademark if it is used on a product  or services to identify the source of the product.  So often, a startup will choose a name, and not do a trademark search on the name.  A year or two later, they get a cease and desist letter from me, because I have a client that has a Federal trademark registration on that name.  They may have invested a lot of time, money, and effort in promoting the trademark, and that investment will be lost.  They will have to change the name. 

When choosing a name, it must be cleared of conflicting Federal, state (all 50 of them) and common law uses, and it must have a domain name available.  Don't proceed without checking for conflicts in those areas, and then secure the domain name and file a Federal trademark application. 

Comments

[KC]

Any hints for search websites or is the usually just available on the SecState's page for each state?

Thanks.

[Bob Shaver]

You can check all 50 states' Secretary of State, or use on on-line search database such as is available for a reasonable fee at trademark.com

[KC]

Thanks, that what I thought.