How to Create the Best Business Name Ever, Step Five

by | posted in: How to Create the Best Business Name Ever, Make Sure You Can Use Your Business Name | 151

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Ok, so over the past few weeks we’ve been talking to you a lot about coming up with lots of different names for your business.  The Best Name Ever staff has been talking about being creative to come up with your business name, looking to your business plan to find inspiration for your business name and making sure the exact match domain name is available for your business name and now we want to help you narrow your choices even further.

So you’ve come up with a list of the Best Name Ever (sorry, had to trow a plug in there), and hopefully quite a few names in this list and then you’ve made sure that they are available in the .com domain form, that should have narrowed your list down quite a bit, now you need to narrow them down even further by making sure you can actually use that name.

“Making sure I can use the business name I came up with, what do you mean by that?”  We feel that it is our responsibility to tell you, that just because you feel you made up a word or a brandable business name or compound descriptive company name and you were able to find said business name available in the .com, that does not entitle you to use the name.  There is a possibility that someone else has trademarked the name already.

On a side note: if you’re a small business and plan on staying a small business with a store in a rural area with no desire to expand you’ll probably be OK, if on the other hand you’re looking to be a huge online presence or expand and be huge someday, you need to do a couple of things before you start using the name.

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That said, that fact that you have been able to secure the name in the .com, means that you are probably on a good track but there is a few more things for you to do before you’re in the clear.  We also feel that it would be really negligent of us to not recommend a Trademark Attorney.  A good trademark attorney is worth every penny and can save you thousands and hundreds of thousands of dollars in the long run but we would like to share some free tips with you that you can do on your own for free or at least gather some information to present to the attorney to save you some money.

The first tip is to get yourself acquainted with the United States Patent and Trademark Office (USPTO.gov).  This is the official governmental site for you guessed it, patents and trademarks.  The site is totally free and they have a wonderful search feature where you can put the names in, the business names you were considering, and they come back if the name is used or not.

Now a couple things about the results you get.  First off any good Trademark Attorney will tell you that you don’t need to have to be a exact match to you business name to cause a problem; it may just sound like the other name, something called “Confusingly Similar.”  So try different spelling variations of your name.

Second, just because someone is using your business name doesn’t mean that you can’t as well.  We always like to use the example of United Airways and United Moving Company.  They are both using the company name “United” but because they are in such separate industries, or “Classifications” and therefore not “Confusingly Similar,” they are allowed to use the same name.

That leads us to the last point, you need to figure out what “Classification of Goods and Services” your business falls under with the USPTO.   The Pattent Office issues just about everything a classification number, so even if you find your business name idea, but it’s under another classification, you may be good again.  You will also need to know this information if you are going to eventually trademark your business name or even trademark your logo, so it’s good to find out now.

After all of this, you should have narrowed your list of potential business names by quite a few.  There is no sense falling in love with a business name if you can’t even use it.  If you have any questions feel free to post them below or to contact the Best Name Ever Team.  Also be sure to check out our other blogs about how to develop the best business name ever.

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151 Responses

  1. Brittany H Martin
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    Thanks for that awesome posting. Useful, and it saved MUCH time! 🙂

    • admin
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      Thanks for your comment on our recent Best Name Ever post. We hope that we save you not only time but a lot of heartache in the naming process. We have hear so many stories of people developing their own business, product or service name and just having a hard time doing it so we thought we would share our ideas and what we’ve learned and perhaps some name ideas for the best innovative business names ever along the way as well.

      We really just want people to be happy with their business names, so thank you.

  2. Sean
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    Ah, thanks for the great tips. Everyone always tells you that you need to check but they don’t tell you where or how to do it. I also love how you said that just because someone else is using the name doesn’t mean you can’t as well.

  3. Maryann Murphy
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    Finally a person that puts some real work into a blog. I do like what you have done with the blog.

    • admin
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      Thanks for your comment, we do put quite a bit of work into each and every blog post. We many not churn out the blogs as fast as other business and obviously it takes us a bit longer to get back to comments but we do and it is always personal.

      Thank you again and please let us know if you have any blog requests for how to name the Best Business Name Ever!

  4. Kevin
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    That’s really simple but when you said it, I was really surprised I didn’t think of it. Gonna start running my ideas though Yahoo now!

    • admin
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      thanks for your comment. It is simple but a lot of people forget to test your business name ideas. People also get so wrapped up in the name and forget that people outside of them, are the ones that have to see it. It’s your customers who have to connect name, so it is them who you should ask about the name ideas.

      Thanks again for your comment, and be sure to ask as many people as possible about your new business name ideas.

  5. Jill
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    Great advice. I’ve heard some horror stories about people going to expensive naming companies and getting great names just to find out later the name they suggested and the one my friend love, wasn’t available in the .com. He was able to buy it but it was another few thousand dollars. Great advice!

    • admin
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      Yes, you’re so right, we’ve heard those stories as well. We’ve heard them from people that have come to us after and we felt so bad for them. You think when you go to a naming company you are going to get the name, or at least be able to buy the name. Sometimes they can’t get the .com domain name that goes with the recommendation for less then a few thousand dollars, after paying for the recommendation for a few thousand dollars.

      That’s what we like about our site. Every business name ideas that you see on our site is available for immediate use in the .com. It’s crazy to not be able to use the names. So check out these available intelligent sounding business names!

  6. Drew
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    That’s great, I just used your link to the uspto and check out the great search feature. I had a couple of ideas and now narrowed them down to two!!

    • admin
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      Great, that’s a perfect example of what you should do and a great use of the USPTO.gov site as a resource for narrowing down your business name ideas. We always think that you can have all these great ideas but if you can’t use them, there is no point of even having them as “choices” and while yes it may be sad that you have to drop some of your best business or product name ideas, you’re just going to save yourself from heartache later.

      Thanks for the great comment and please let us know if we can help you get an intelligent sounding product name or business name.

  7. French
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    I couldn’t tell you what I would do without my trademark attorney. I understand that many people can’t afford one and that’s fine, these are a few great tips to see if there is a reason you should be concerned or not.

    • admin
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      Wow, well thank you for that comment and compliment. We just want to help people who ask us “how to get the best name for my business” and not only getting the name but making sure the name can be used in the intended industry. You’re absolutely right, if you can afford it a Trademark Attorney is great but like you said there are free and simple ways that you can do some research yourself.

      The USPTO.gov site is a such a great resource and since they revamped the site a few years ago they had made it really easy to navigate and simple to do a trademark search. Just do the simple trademark search can help solve so many issues down the road.

      Thanks again for your comment!

  8. Regie
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    That’s so crazy, I’ve heard from so many people that they didn’t do the research and in the end had to change their name due to trademark infringements.

    • admin
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      It’s not only crazy to not check if you can use your business name it can be illegal. It’s crazy because all of that said about being illegal, all you would have to do is change your name, you’re not going to jail or anything but…. changing your business name while in operation is a disaster!

      Think about you starting your business and working hard for years and finally, finally, your business is starting to take off and you’re getting good attention and national response and then the letter comes.

      What letter? The Cease and Desist Letter, that’s what. You didn’t check the USPTO website and you didn’t even google the name before you used it. Now you have to change your business or product name, just as you’re getting really popular, it happens all the time.

      Think about not only the expense of it but also think about the loss of brand equity that you’ve been working to build all this time. It could mean the demise of everything you’ve worked for.

      Don’t do it, check your business name ideas before you decide on one! thanks for the comment.

  9. Lee
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    I can’t believe that some of the large naming companies suggest names that you can’t use, what a waist of money!

    • admin
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      We couldn’t agree more. It must be so devastating, especially to smaller companies who may have paid more than they car really afford just to get a great business name, just to realize that they can’t use it or have to get a really long tail domain name.

      Well you don’t have to worry about it here at the Best Name Ever because all the names you see on the site are ones that we own already and they’re ready for use.

      Thanks again for your comment and if you haven’t already please check out our Best Business Name Ideas page where we’ll be sharing some of our best business naming tips!

  10. Mikey
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    I can’t believe how some companies would recommend a name that you can’t use or have to spend a few thousand more dollars to buy the domain!

    • admin
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      It happens! We’ve heard from a few people who have gone to larger companies and spent a lot of money for the perfect business name and then just to turn around and try to register the domain name, and it’s not available. I was floored the first time I heard that.

      That’s why it must be comforting to know that every domain name on this site is available.

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      Thanks for your comment and we’ll work on the subscription service, I think you have a great idea there. In the mean time please let us know if you have and questions or blog suggestions for the best business name ever!

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          Thanks for the comment. We love helping people find the best names possible for their business or product. We also love a good underdog or David and Goliath story where a small upstart company gave a good scare to a large company or where a small company comes and grabs some big market share from a complacent dinosaur of a company.

          We feel that we can help these companies with a great business name or product name and we love doing it and we hope that shows in the blog and on the website.

          Thanks again for your comment!

  14. Hawas M
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    thanks for the info. I used the USPTO site years ago and I’m going to say, they have fixed it up quite a bit. It’s so much easier to navigate now.

    • admin
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      Thanks for saying that. Our specialists feel that many people are either scarred of using the site or have been to the USPTO site in the past and found it difficult to use or really confusing. Now that you’ve said that we hope that more people check out the US Trademark site to see if they can use their business or company name.

      USPTO.gov is such a great resource, now that it’s easier to use and completely free everyone starting a business should check it out.

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    Enjoyed looking through this, very good stuff, thankyou . “Shared joys make a friend, not shared sufferings.” by Friedrich Wilhelm Nietzsche.

    • admin
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      Thanks for your comment. There’s no use coming up with the best business name ever if you can’t use it. We’ve hear horror stories from people who have gone to naming companies, just for them to come up with an amazing business name. After they got the name, they have found that they can’t register the domain name or even buy it or worse, they have the name they get the domain name and start a business, later down the road they receive a notice that someone is already using the name.

      Thanks for your comment and make sure you can use your best business name ever!

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      Thanks for your comment and compliment. We have been in the industry for many years and all we want to do, is help people find the best names possible for their business or product. We’re more then happy to share our knowledge with whomever is willing to listen. thanks again for your comment and please let us know if we can help you find the best business name ever for a new project or venture!

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      Thanks for the comment we really appreciat it. We just want to help people getting the best name possible for their new business or product. We know how important a business or product name can be for a new business. A great business name can draw in customers and get your new venture some much needed attention. A business name is also going to be with you for a very long time so you need to get it right the first time, and any information one can get on getting the name right should be considered and since we’ve been in the naming business for years we love to share our knowledge.

      Thanks again for the comment and please let us know if we can help you buy the best name business name or product name.

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      Thanks for telling your readers to check us out. We’re glad that you’ve chosen such an important post about checking to make sure you can use your business name ideas. This is an all important lesson and a lesson that can save you a lot of time and money in the future. We can’t tell you how many times we hear from people that believe they have the best name for their business just to find out years later down the road that they can’t use that name for their business. All the hassle of changing the name and potentially loosing all the brand equity that they had build over the years and all the cost, just because they didn’t spend an extra hour checking out the USPTO.gov site, it breaks our heart.

      Thanks so much for telling people about us, we really just want to help people get the best name for their business and we don’t want to see people heartbroken by having to change their name later.

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      Thanks for that comment. We’re not really sure who or what SCK is but we are sure that anyone who is looking to do business across the United States, should make sure that they can legally use the business name. Just because you’ve secured the .com domain name doesn’t mean you can full use the name. Yes, it does mean, if you can secure the .com domain name, that you’ll have much better chances of being able to use the business or product name, but not completely.

      Be sure to check with the USPTO.gov site to make sure you can use your name. Also remember that more then one business can use the same business name, United Air Ways and United Moving Vans, as long as they are not in the same “classification of goods and services” and not “confusingly similar.”

      Thanks for your comment and let us know if we can help you get the best name for your business.

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