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Tradename Availability No. 1: Telephone Directories, Search Engines, Domain Search
Once you have determined that your proposed tradename is protectable, you MUST see if your tradename will be the first use in your area. This is completed by old fashioned research.
Look in your local white pages alphabetically, and in the local yellow pages by business category, for your chosen name. If you pass this test, use search engines like Google and Yahoo to hunt for use of your name. Do a "whois" search of your tradename with the major domain extensions (.com, .org, .net, .biz, .pro if you are a professional) to see who is using that name. A "whois" search link is provided below. That someone owns a domain name with your tradename does NOT confer tradename protection, but it does let you know of the potential conflict.
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Tradename Availability No. 2: Federal Trademark Filings
The most important place to check for availability is at the United States Patent & Trademark Office. You can input your name to see what registrations have been made, and in what business purpose (or "Class") those trademarks have been issued. The trademark search link is provided below.
Trademark registration prevents anyone in the United States from commencing use of your tradename (1) AFTER your filing is complete (2) in the Class the trademark was obtained. If someone was using your newly registered tradename before your trademark registration, they would be permitted to continue use of that tradename in their geographic area. Someone could also begin using your registered trademark AFTER your trademark filing if that name is used in a different Class than the one in which you registered. There are 45 different Classes, and multiple Class registrations are common. A trademark must be renewed every 10 years or it will be lost.
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Tradename Availability No. 3: State Registration of Business Organizations
Most, if not all, states have computer access to determine whether your proposed tradename has been used to register a business organization, such as a corporation or LLC, in that state. Some are free searches (California), others are not (Texas). If you can, do the business organization search. Like with domain names, registration of a business organization does NOT confer tradename protection, but it does let you know of the potential conflict.
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Tradename Availability No. 4: Local Fictitious Business Name Registrations
Fictitious Business Name (FBN) registrations can be filed in your state, county or city, and should be available in the locality's Official Records division - in California, it is the County Recorder's Office that has these records. FBN registrations act like trademark registrations, except the registration only covers the locality to which it applies, and must be renewed at some interval determined by your locality (in California, a FBN must be renewed every 5 years or it will be lost).
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Tradename Availability No. 5: Professional Licensing Boards
If you are a licensed professional (doctor, lawyer, dentist, contractor, etc.) you may be required by law to register your proposed tradename with your state licensing board. Also, a professional's choice of tradename or business organization name may be severely restricted by state law. Check with a local attorney familiar with your type of professional practice in your state for details, or contact your state licensing board for guidance.
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