Choosing a name for your company can be tricky.  Not only does it have to be catchy and avoid the “huh?” factor, but it also has to set you apart from other companies.

The words, phrases and symbols used to separate one company from another are Trademarks.  A registered Trademark can be a company’s biggest asset.

Most companies do business and establish their identities over the internet, so it’s important to make sure that the name you have chosen is not already the Trademark of another company, regardless of where that company is located. 

If someone owns a trademark, they are the only one in the country with the right to use that mark.  That means that if someone else uses it the owner can bring the case to federal court.

Visit the United States Patent and Trademark Office www.uspto.gov to search for trademarks that conflict with your name. The link http://tess2.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk will take you directly to the Trademark Electronic Search System, where you can search through the 4 million pending, registered and dead trademarks.

You can file a trademark application for your own mark online at http://www.uspto.gov/teas/index.html. To file by mail, first call the USPTO at (800)786-9199 to get a printed form.  Mail the completed application to:

Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451

You don’t need to hire an attorney to do this, but an attorney may be able to help you meet all the requirements of the trademark statute. After your application is filed an examining attorney will search the USPTO records for any conflicting marks that are registered or pending.

Checking ahead of time will save you the hassle of having to change your name later and will keep you out of trouble.