How Can You Tell If Someone Has...??

Business By Totally-Frosted Updated 26 Jul 2011 , 10:10pm by dchockeyguy

Totally-Frosted Posted 26 Jul 2011 , 5:41pm
post #1 of 11

the business name that you are interested in?

Here in Florida, we have a website that we can go to and we can search for the business names in Florida. However, if I see that the business name that I'm interested in is not listed here in Florida, how can I tell if it's not already copyrighted by some other place out of state?

I have a name that I'm interested in and it's not listed in our Florida database but I've seen Facebook pages and the website domain is taken but not a working website, so how can I know? Is there a national database?


10 replies
Crazboutcakes Posted 26 Jul 2011 , 6:02pm
post #2 of 11

From what I know only through NY is that when you signed up for a DBA from your local office, you had to place 3 different names that you might want to use from the first to the last and as long as it was not used in your state you were ok to use it. I also live here in Fla and have to do the same ,I thought that I would have to go to the local county office and get a DBA (doing business as) haven't had the opportunity to research the info as of yet. Could you possible send me that link that you were refering too so that I can check for my name as well? I would qpprieciate it Thanks.

DanaG21 Posted 26 Jul 2011 , 6:16pm
post #3 of 11

You might want to see if it is available as a website. That would let you know, plus you'll know if you can get the name for a website if you choose to have one. I had to change the names I wanted because they weren't available online.

bakingpw Posted 26 Jul 2011 , 6:19pm
post #4 of 11

Just be careful the other bakery is not really famous: My bakery was named the same as a very large, FAMOUS bakery that does mail order cake business. I did not realize it at the time, and since it came up as the only one in NY, I took it as my DBA - thinking I was original. (I don't think this company was that well-known when I originally started my business). I can not tell you how many times I had to explain to a phone caller that we were not "that" business. I actually gave their phone number out and re-directed many e-mails to them icon_wink.gif

(I know I could have taken these requests as my own, and I'm quite capable of doing their cakes, but I am honest and would not do that.)

myheartsdesire Posted 26 Jul 2011 , 6:31pm
post #5 of 11

I'd like to know also. My dream name that I thought was so original has a bakery in california =/... But I'm in arkansas, can I still use it legally or is it a bad idea?

Lemmers Posted 26 Jul 2011 , 6:46pm
post #6 of 11

I'm in the UK so my information may be useless, however when it came to me registering my name (which I did just last week), I looked online for the office to register with and all it said was "so long as a local company do not have the same name then it's ok" pretty much!

So, I picked my name and luckily nobody else in my county/area has that name, and when I do set up a website I will just adjust the name to include "cakes" at the end as the domain i really wanted is gone icon_wink.gif

Totally-Frosted Posted 26 Jul 2011 , 7:52pm
post #7 of 11

Crazboutcakes, the website is You can look for both Corps and Fictitious names.

I was wondering about this because of places like McDonalds, Walmart, etc. I know I wouldn't be able to start a business with their name because they are internationally known. So, I'm wondering if the same thing could happen with a bakery if they have the name that I chose.

Thanks everyone for your responses.

Totally-Frosted Posted 26 Jul 2011 , 8:03pm
post #8 of 11

Crazboutcakes, I was able to get someone on the phone about my question. The lady said they only protect the name for the State of Florida and that you would have to register the name in each state that you plan to do business. So, I'm good. I don't plan to do business outside of the state right now. Just thought I would give you an update.

mburkett Posted 26 Jul 2011 , 8:23pm
post #9 of 11

Years ago it didn't really mater if a bakery in CA had the same name as NY, there's was no crossover. But now with websites, it's harder to get and keep that unique name. You can check on US Patent and Trademark office to see if someone legally filed claim to it as a registered trademark.

Totally-Frosted Posted 26 Jul 2011 , 9:44pm
post #10 of 11

Thanks mburkett. I will check it out.

dchockeyguy Posted 26 Jul 2011 , 10:10pm
post #11 of 11

Most businesses do not register their names with the PTO. It IS actually legal to have the same company in different states that aren't related. If one becomes big, a lawsuit COULD ensue. I don't know of a really good way to find out, other than going to a particular state's website and checking an online database. However, as someone mentioned, a Google search can do wonders.

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