Once you've found a name that you can find a good URL for, look it up on Google. There may be others using that name - or a variation of it - that will present problems in the future.

If you clear that hurdle, take one more step

Go to the U.S. Patent and Trademark Office's website and run a trademark search on the name. Go to the TESS section - the Trademark Electronic Search System - select the New User Form Search.

Now type in the name you want to search. The results will show how many other companies have registered that name. You can ignore the ones marked "dead" - these are trademarks that are no longer protected. But you need to closely examine the "live" ones.

Simplifying it somewhat, a name can only be trademarked for one class of commerce. You are looking for a use of the name in your business class. So, if you've chosen the name Sparkle for your software firm and you find another Sparkle registered - but it's a dance club - you are probably safe in continuing.

The Legal Disclaimer

PLEASE take none of this as legal advice! I am not a patent attorney - we'll take that step in our next segment of the One Grand Smart Marketing Plan.

And, as you might imagine, if you choose a name that is owned by a powerful brand - even if it is not in your business category - you're asking for trouble. I promise you that if you name your new company Coca Cola Software, you WILL receive a stern cease- and-desist letter from Coke's legal team.

NOTE: Just using a quirky spelling of a name, or adding a few generic words, will NOT get around trademark issues. If it is judged to mislead the public into confusing your name with a trademarked one, it will not be protected.

So, Koka Kola won't fly, nor Tasty Koka Kola.

Once you've found a name that:

1. Has a good URL available

2. Isn't already used in a competing business

3. Can be trademarked

...it's time to "own" it up legally so no one else can grab it. That's the topic for next Monday's article.

Further Reading:

FAQ on Trademarks from the USPTO

The Truth About Trademarking from Entrepreneur

The SBA's 10 Commandments for Naming a Business

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