• 585-787-7000
  • info@evansfox.com
Evans Fox LLP
  • Home
  • Firm Overview
  • Practice Areas
    • Practice Areas
    • Business Law
    • Divorce and Family Law
    • DWI and Criminal Defense
    • Intellectual Property
    • Licenses
    • Litigation
      • Civil Litigation
      • Commercial Litigation
      • Personal Injury
    • Real Estate
      • Commercial Lending
      • Commercial Real Estate
      • Title Insurance
    • Trusts, Estates and Elder Law
      • Elder Law, Special Needs & Medicaid Planning
      • Trust and Estate Planning
      • Trust and Estate Probate and Administration
  • Attorneys
    • All Attorneys
    • Alexander Anselment
    • Alison Rich
    • Donald Fox
    • Gerard Antetomaso
    • Jared Hirt
    • Jeffrey Albanese
    • Jennifer Bodine
    • Jessica Gulla
    • Jon Bonavilla
    • Katharine Felluca
    • Kenneth Kraus
    • Matthew Piston
    • Michael Wegman
    • Stephen Bennett
    • Stephen Lapp
    • Tracy Jong
  • Blog
    • Blog
    • Vlogs
  • Careers
  • Contact Us
  • Pay Now
Select Page

How do I know if I can use a business name?

by evansfox | Jun 13, 2014

There are four steps you should take before you finalize your proposed business name and logo:

  1. Check the Secretary of State Division of Corporations to see if the name is available for a business entity in New York. (Corporation or Limited Liability Company).  This will not, however, reveal Doing Business As (D/B/A) or assumed names used by New York businesses.
  2. Check the domain name registry (like GoDaddy.com) to see if the associated website is available.  This can be important for your customers to easily find you online.  It can also be a clue as to whether another business exists with the same or similar name.  Not all trade names are registered as trademarks so uncovering common law (unregistered) marks are a necessary step to determine if a business name is available for use.
  3. Conduct a trademark clearance search.  There is one Federal Register and fifty state trademark registers that need to be checked to determine if the same or confusingly similar trade name or logo is protected from use by newcomers.
  4. Conduct a common law search of the internet and product catalogs to uncover unregistered marks that could be infringed by your proposed trade name.

After obtaining your search results, you’ll need to interpret and analyze the search results.  This requires an in-depth understanding of trademark and unfair competition laws.  If you don’t feel confident about your ability to review your search results, an experienced trademark attorney can be helpful in this endeavor.

  • Brewery & Cidery
  • Business Law
  • Business Vlogs
  • Buying/Selling a Business
  • CBD
  • Copyright
  • Covid-19
  • Craft Beverage Branding
  • Distillery
  • Divorce & Family Law
  • Divorce & Family Law Vlogs
  • Elder Law Vlogs
  • Employment Law Archives
  • Estate Planning Archives
  • Estate Planning Vlogs
  • Firm News Archives
  • General Business
  • Government
  • Licensing Vlogs
  • Long-term Care & Medicaid Vlogs
  • Monthly Vlogs
  • NDA
  • Patent
  • Permit
  • Personal Injury Vlogs
  • Podcasts Archives
  • Real Estate Law Vlogs
  • Restaurants & Bar
  • Retail Liquor License
  • Tips For the Entrepreneur
  • TJLF in the Community
  • Trademark
  • Trademark Vlogs
  • Uncategorized
  • Vlogs
  • Wineries

Main Menu

Firm Overview

Practice Areas

Attorneys

Blog

Careers

Contact

Our Services

All Practice Areas

Business Law

Divorce & Family Law

DWI & Criminal Defense

Intellectual Property

Licenses

Litigation

Real Estate

Trusts, Estates & Elder Law

Contact Us

Address:
100 Meridian Centre Blvd.
Suite 300 (Building 100)
Rochester, NY 14618

Email: info@evansfox.com

Phone: 585-787-7000
Fax: 585-787-7007

The content on this website has been prepared by Evans Fox LLP for informational purposes only; it should not be construed as legal advice, does not create or constitute an attorney-client relationship, and readers should not act upon it without seeking professional counsel. This website contains attorney advertising. Prior results do not guarantee a similar outcome. All Martindale-Hubbell badges are a service mark of Reed Elsevier Properties Inc., used under permission from Reed Elsevier Properties Inc. in accordance with the terms and conditions established by Martindale-Hubbell. All Avvo badges are a service mark of MH Sub I, LLC, dba Internet Brands, used under permission from MH Sub I, LLC, dba Internet Brands in accordance with terms and conditions established by Avvo. All Super Lawyers badges are a service mark of Thomson Reuters Corporation, used under permission from Thomson Reuters Corporation in accordance with the terms and conditions established by Super Lawyers.