How to Verify if a Business Name is Trademarked or Copyrighted: A Comprehensive Guide
Erecting a new business is an exciting venture, but it's crucial to ensure that the business name you choose is not already trademarked or copyrighted. This can protect you from legal issues down the road and build trust with your customers. Here’s a detailed guide on how to check if a business name you are considering is already registered or protected.
Understanding Trademarks and Copyrights
Trademarks and copyrights are types of intellectual property that protect creative works. A trademark protects words, logos, or other identifiers used in commerce to distinguish one's goods or services from those of others. On the other hand, a copyright protects original works of authorship, such as literary, musical, and artistic works, including business names in certain contexts, though they are generally not covered by copyright.
U.S. Resources for Trademark and Copyright Searches
For those conducting business in the United States, there are several databases and resources available to check if a business name is trademarked or copyrighted.
1. U.S. Patent and Trademark Office (USPTO)
The USPTO oversees the registration of trademarks and offers a searchable database called the Trademark Electronic Search System (TESS).
Steps: Visit the USPTO website and select the TESS database. Type in your business name or keywords related to it. Review the search results to see if any similar or identical names are registered.TESS provides a comprehensive overview of registered trademarks, helping you ensure that your business name is unique.
2. U.S. Copyright Office
The U.S. Copyright Office maintains an online database to search for copyrighted material, although business names are typically not eligible for copyright protection. However, creative elements such as logos, slogans, and marketing materials might be copyrighted.
Steps: Visit the U.S. Copyright Office website. Search for registered copyrights using the online database. Check if your business name or related materials are protected through copyright.3. State Business Name Databases
Many states maintain databases of registered business names, which can be useful in understanding if a name is already in use within a particular jurisdiction.
Steps: Visit your state's Secretary of State website. Search for the business name database. Check if the name you want is already registered.Professional Guidance for a Thorough Search
For a comprehensive search, it is highly recommended to consult with an intellectual property attorney or a trademark specialist. They can provide expert guidance and help ensure that your business name is not only unique but also legally compliant with local and international regulations.
Issuing a thorough search is important because trademark and copyright laws can vary by country. Therefore, make sure to check the relevant databases and resources specific to your jurisdiction. This will help you avoid potential legal disputes and protect your business from any intellectual property infringement issues.
Conclusion
Verifying whether a business name is trademarked or copyrighted is a critical step before starting a new company. By following the steps outlined in this guide and using the available resources, you can ensure that your business name is unique, legally compliant, and sets your brand apart in the market.