Now that Michigan passed the Cottage Law, I would like to come up with a name but I'm a little confused and need some help.

I have come up with a few ideas, I check for availability in Michigan and they have been fine but when I Google the names there's other businesses out there with that name. One example Cakes by Nikki - simple and has my name but there is a website with that name, there is also a Facebook page with this name.

Do you just worry about the names in Michigan or do you have to worry about any of them out there?

I tell you, this is not easy!!

As long as you don't choose a name that's being used in your county, you should be OK. For the web site, you could change the address slightly to be something like "cakesbynikki-mi.com". Also make sure you don't use a color scheme or logo similar to existing businesses with your name.

Another alternative would be to add a descriptive qualifier to your business name, such as "Custom Cakes by Nikki" or "Amazing Cakes by Nikki", or go minimalist with something like "nikkiCake" or "NXX Cakes" (where NXX would be your initials).

Note that when you register your LLC, that is at the state level, so if someone in the state is using the same name you need to create the LLC under a different name. You can always file a d/b/a application for your original name, since that's at the county level. And BTW, don't forget about liability insurance.

Thanks so much for the information. This can be very confusing.

May I ask what the "Cottage Law" is? And how do you find out if your state has that law? Thank you.
Good Luck with your business....

The cottage law in Michigan in a nut shell allows me to bake out of my home (unlicensed kitchen) as long as I label properly, list any possible allegens, deliver directly to a customer face to face and can not profit more than $15000 annually. For Michigan it can be found on the State website www.michigan.gov so I would recommend checking your states website first and search "cottage law".

HTH

I actually just did a contest on FB and asked my friends to help me come up with a name. As an incentive, I offered a free cake to the winner. Nothing spectacular. A small 2 layer cake chocolate or yellow w/buttercream frosting. However, I didn't even mention flavor or size. Only that they would win a free cake. I ran the contest for 24 hours. I posted every couple of hours a message that said want to win a free cake? Help me come up with a name for my cake business. I received over 100 suggestions and making the final selection was not easy. It took me a couple of days to research websites and trademarks. Another thing that I did was I posted all of the names submitted on 1 thread, they were coming in via email, text, facebook inbox and being posted directly on my page. When I added the names to the thread with their name suggestion, I told them to get their friends that may not be my friend to like their suggestion. So this helped me in 2 ways. It was a free marketing tool by bringing people to my page and also made people who had not already seen pics/post of my cakes to my page. Now, of course you have to open your page up to everyone if you don't have a fan page. But it was so worth it. I got several orders just from doing this contest alone. Also, this was fun. People were threatening and disowning me (joking of course) if they didn't win. Someone even created a VIP club for me and placed their name on it and said that get a free cake..lol

After all of that, I narrowed it down to 6 suggestions (that was tough). Of those 6, I checked trademarked name at the USPTO website and also Godaddy.com for domain names. Of those 6 only 1 name was available... talk about frustrating! I ended up combining two of the names submitted. I offered those 4 runner ups a $10 off coupon for their first order with me (I contacted them privately). And the 2 names combined won the free cake.

Also, keep in mind that the USPTO only has names that have been specifically registered with them. Not everyone has to regester with them in order to be trademarked. Most places will do a search for you but they charge a fee, such as legalzoom.com. Trademarking is very serious. If you don't know the story about the TV show Cakeboss being ordered by a juge to change their name... look it up!

Hope this helps! Also, this was fun. People were threatening and disowning me (jokingly of course) if they didn't win. Someone even created a VIP club for me and placed their name on it and said that entitles them to a free cake..lol She was only 13 yrs old

I wanted to get a domain name, but cakesbylisa.com was taken, so I did www.cakesfromlisa.com and it was available (please don't look at it, haha, it's under construction!) I was able to get that Facebook name, as well.

Maybe you could do Cakes From Nikki instead of Cakes by Nikki?

I convinced myself that it seems more personal that way

Thanks for all the great advice. Sorry it's been a little while I didn't get any notices that there were other replies.

I don't plan on having a full business or even advertising but when I do a cake for friends or family, that I have to label, I would like a name associated with me and maybe then word of mouth would get me a few other orders. This is how the search started.

It's even funny because my husband's name is Chris and when I Googled Nikki's cakes, a website came up for Chris & Nikki's Cakes. It's funny that something as personal as this was even taken.

nikki's kikkin cakes

I kinda like that Doug, thanks!

[quote="jasonkraft"]As long as you don't choose a name that's being used in your county, you should be OK. For the web site, you could change the address slightly to be something like "cakesbynikki-mi.com". Also make sure you don't use a color scheme or logo similar to existing businesses with your name.[quote]
Actually technically under any country's common law for trademark infringemant using a area after a trademarked brand presents like a franchise. Inwhich if a the original brand can charge retroactive for a franchise fee no matter what country you are in. Under trademark laws if you are aware of a prexisting brand name - or proof of it existing before yours - you are legally reponsible for any trademark laws you disobey. If there is a company out there with the name you want, pick another one. Let's say your businesss grows and you want your clients to find you through search engines you will never be found if there are similar names out there before yours and can be confusing if they go on another site with the same /similiar name.

how about Kakes by Nikki, or just Nikki Kakes... when it comes to websites... i agree, finding a search engine for domain names is priceless. I will share an example of bad website getting the wrong message across....

Theres a nationally broadcast Radio personality, Delilah, she does a love songs and dedications show in the evenings... well, if you go to type in her name and and not spell it right, you get porn sites... if you spell it right, you get her official website... she has since bought out most of those names and they redirect you to her site, but for a couple of years, she had a tough time... so, choose carefully.

Best of luck with your business and make sure you share pics of your creations! HTH

Thanks for the idea's scoutmamma. Those are both good names also. I will look into them.

I thought most states that licensed home bakers, simply made them put "produced in a home kitchen" on the label. Michigan makes you put "produced in a home kitchen not licensed by the Michigan Dept of Agriculture," in a different font size, type and color from the rest of the label. At least that's what I read last month. I think that disclaimer goes too fun.

you can use any name as long as it not a traded or trademark name. You can do what called a ficticius name that how you can have say 3 Joe's Pizza in one neighborhood. Anyone can use the name. If you Trade the name then for example you can do one two thing you can allow Joe's Pizza 1 and 2 to use thye name but they have to pay you, or can write that your allowing them to use it

or they have to change the name altogether. Most places tend to do fictious name, depends on state laws and fees.

I really like the sound of your screen name here. Maybe there is some sort of name that could come out of that?

For what its worth, I do own my own business. (not cake related). I was told that as long as no one else in my county has the name already I can use it. You have to file the name with your county recorders office and pay a fee. There are two other business's in my state with the same name as mine but since we are all in different counties, its okay. At least that is how it works in Illinois.