What Are The Lagalities Of Naming A Business?
Business By CAKESHERWAY Updated 4 Oct 2007 , 1:51pm by WendyVA
I am putting in a new kitchen to be licensed in January (at the latest).
I havne't come up with a name yet but realized that if I want my name in the yellow pages I must put it in by the end of this week! The new books will be going to print next week.
So, can I just give myself a name or do I need to clear it with someone first? I am clueless on this part! Thanks for any help you can give!
I know here in Vermont, you need to register a trade name / DBA with the Secretary of State Corporations Division. If you contact someone at your Sec of State Dept. they should be able to tell you exactly what you need to do. Here it was just a couple of days before I was able to use my dba name. Hope this helps some. Good Luck. and Congrats to making that step for your licensed kitchen. 
You should try to come up with a unique name. If you use a name that someone else is using then they could possibly come after you for trademark infringement.
You can search the United States Office of Patents and Trademarks to see if someone has registered the name (here http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=qv2uh9.1.1 ) but it is not necessary to register a trademark to have federal protection. A business just has to prove that they were using it in commerce first. If it can be proven that you made money using their name then they could potentially come after your profits and sue you for the dilution of their name and any confusion in the marketplace or loss of profits that may have resulted from your using their name.
I know this info seems overboard, but it's just a good idea to stay out of trouble. It would be a shame to spend money on cards, brochures, yellow page ad or whatever then find that you have to change names.
Adding a dash or an "s" or something to change the name just a tad isn't enough to avoid confusion in the marketplace and will not hold up if the matter ended up in court.
Just FYI.
Adding a dash or an "s" or something to change the name just a tad isn't enough to avoid confusion in the marketplace and will not hold up if the matter ended up in court.
Just FYI.
So very true.
Even more specific, just having your first to personalize a business name doesn't guarantee "uniqueness". I had for years informally stylized myself as "Sweet Nothings by Meg", assuming that the "by Meg" protected me.
Nope.
When I went to register the name this past summer, I discovered a "Sweet Nothings Bakery" in a town about 90 minutes from me. I had to change my business name to SweetCake Creations by Meg.
Bottom line - do your research before falling in love with a name.
Okay so I went to the trademark site and researched some names and nothing came up but there are a few websites with the names I have chosen as my top 5.
They aren't Trademarked and aren't in my state. Am I safe then? Also, what's the best way to find a business with the same name or similar name in my area or country if that's how it works?
Thanks!
I believe that if you register your name with the secretary of state, then no one else can legally take your name. Making it a trademark or a corporation means you have to fill out paper work and submit an application to the trademark/patent division. At least that's what I understand. I think there are some lawyers here on CC that could probably comment more on that.
When I registered my name, I checked with my Secretary of State website. They had a search function that I could go down my list of potential names. The one I picked I've never seen used or used since. You could always call and ask if you register it in your state, does that count for the whole nation? So if you pick "Betty's Cakes" in NY, can someone in CA name their business "Betty's Cakes"? When I called the people were very helpful and made sure I had the correct paperwork and streamlined everything for me.
I know when I got my name for my business....I had to fill out a special state form with what they called a "fictious name" form and had to have it notorised.....this way my business name is registered to me. They checked for me and made sure no one else in the state of Missouri had this name of business. Then it was registered and my fee was paid and legal. At least what I was told....here in the state of Missouri, no one else could use the same name as my business. There could be the same name out there in another state, but it won't effect mine here in my state. Unless it would be a big corporation type name, etc. It's always best to contact your state dept., and find out what routes you will need to take and what forms, etc.
Diane's Cakery
when i registered my DBA name they searched the computers to see if it had been chosed by someone else in the last 6 months, then i had to go look through the books to see if it had been chosen in the past 10yrs, this only covered the county that i lived in. it was free so i was able to use it, cost $10, good for 10 yrs.
Okay so I went to the trademark site and researched some names and nothing came up but there are a few websites with the names I have chosen as my top 5.
They aren't Trademarked and aren't in my state. Am I safe then? Also, what's the best way to find a business with the same name or similar name in my area or country if that's how it works?
Thanks!
You don't have to register your trademark to have trademark protection. Registering a trademark does help and you get to put the little registered mark by your name, but it's not necessary. Just using the name in commerce gives you the trademark right. If you found 5 people using the same name then actually the first person who used it to sell something has rights to it, but if they don't enforce them then they must not care if their trademark is diluted in the marketplace. If they decided to enforce their rights then he/she could sue the other 4. If it can be proven that the other users knew of the original business before they copied the name then they are particularly vulnerable.
The anti-dilution laws are federal so they don't just apply to your state.
I don't mean to scare you from using the name(s) that you've chosen. Maybe the other owners don't care if you open a similar business with a similar name. Maybe nothing will happen.......Just trying to help.
Okay so I went to the trademark site and researched some names and nothing came up but there are a few websites with the names I have chosen as my top 5.
They aren't Trademarked and aren't in my state. Am I safe then? Also, what's the best way to find a business with the same name or similar name in my area or country if that's how it works?
Thanks!
You don't have to register your trademark to have trademark protection. Registering a trademark does help and you get to put the little registered mark by your name, but it's not necessary. Just using the name in commerce gives you the trademark right. If you found 5 people using the same name then actually the first person who used it to sell something has rights to it, but if they don't enforce them then they must not care if their trademark is diluted in the marketplace. If they decided to enforce their rights then he/she could sue the other 4. If it can be proven that the other users knew of the original business before they copied the name then they are particularly vulnerable.
The anti-dilution laws are federal so they don't just apply to your state.
I don't mean to scare you from using the name(s) that you've chosen. Maybe the other owners don't care if you open a similar business with a similar name. Maybe nothing will happen.......Just trying to help.
Wow. That's a lot of great information. So if you choose and register a name in one state, it applies all over?
Oh dear...too much info on this thread! Just call your county clerk's office...they can tell you where to go to get your DBA. It usually amounts to walking into an office, telling the clerk the name you choose, they look it up on the computer, and you pay the fee if the name is available. They sign it, notorize it and you leave. Easy, simple, and pretty straight forward. 
There is a link here on cc, about starting your own business it's under articles (i don't know how to post 
) go to it lookup your state and your state should have a link, click on fictious names and it will let you search if the name you want to use is being used-- that's the way it is on my state page --hth
Oh dear...too much info on this thread! Just call your county clerk's office...they can tell you where to go to get your DBA. It usually amounts to walking into an office, telling the clerk the name you choose, they look it up on the computer, and you pay the fee if the name is available. They sign it, notorize it and you leave. Easy, simple, and pretty straight forward.
This is very true! It's easy to get a ficticious name at your county. I guess I'm just trying to help with the bigger picture. I could probably go to my county and register the ficticious name pepsi-cola2 and might even be able to get that .com name (I haven't checked), but I'm going to get sued and lose if I try to sell any soft drinks.
Sorry y'all, just trying to help.
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