I've got a business name, but am afraid it might be taken...

S

SpoolinNoMore

New member
I don't want to get "company" reputation mixed with some other hack or vice versa. This is my 1-3 car a weekend "business" I plan on running out of my garage for the time being, but I don't like the idea of not having a name, nor would I like to have to change the name later down the road because somebody used it before I became more legitimate. Does anybody know the legalities of just claiming a name for a business so I don't step on anybody's toes? I respect members of this community and don't want a fiasco of bad PR due to mistaken identity (such as how Scottwax has had issues before). I googled the name I want to use and only came up with a minor blog that looks like it hasn't been used in ages, and the domain name isn't taken (xxxxxxxxxxxxxxxx.com). I have a background in web design so I do plan on running a website regardless of the size of my business, even if it would just end up being an on-line portfolio. So long story short, can I just mark my spot by taking up my domain name, use the name, and get some business cards made, or is there some registry I need to check with first?



My biggest concern for this is I plan on leaving my current profession (military) to finish my degree, but with a family my detailing would serve as a side-job while finishing school to help with my income/pay for the expenses of this "hobby". I've started advertising on craigslist to build a customer base and figure I'll be doing a bunch of minivans before I get some word-of-mouth out there before getting the more enjoyable vehicles my way.



Thanks in advance!



-Denim
 
I'd do a trademark search and also look in at least your state's business database to see if the name you've chosen is trademarked or registered to anyone else within your state (I wouldn't worry too much about it outside that area). Presumably though if the domain name or variants of it are not registered, you're probably pretty safe.



As far as staking your own claim I would also suggest not only grabbing up your domain and registering the business (DBA or LLC) you might want to look into trademarking it for yourself.
 
Where I live you have to submit your top 3 name choices to a government agency. They search the database and give you a yes or no. If you have a generic name (ie. Acme Car Detailing)I wouldn't worry about having a similar name to an out of state business, but if it is a unique name (ie. Presidential Details) then you would want to make sure it is not already taken.
 
Charles pointed you in the right direction. Where I went here in the city, I did a search on 2 computers and I was in the clear, they handed me paper work to fill out, I ran to the local bank to get it notarized and turned it in. They call it an assumed name for dba or LLC, whichever you choose. For $30 I'd get a business license after that and then your set.

Charles, any info on how to get a name trademarked such as where to go and cost? This is something I want to do soon...
 
Shawn F. said:
Charles, any info on how to get a name trademarked such as where to go and cost? This is something I want to do soon...
Click to expand...



You can take a look at the basics and the form filing information here:



Trademarks Home



It might be prudent to talk to an attorney before filing as well if you're unsure of what needs to be done. Looks like the current basic filing fee if you do it online through TEAS is $325.
 
Thanks Charles. I figured it would be a bit costly but it's worth it to me, especially if I will have a retail side to my business and be online, etc. Hopefully I can afford this sometime in the next few months...
 
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