A corporate, company, or trade name ultimately give owners the ability to differentiate itself in the marketplace. Additionally, it helps prevent similar use by competitors. A trade name also serves as a safeguard for consumers and helps to maintain product or service integrity. This happens through consumers associating the trade name with the quality of the products they purchase. Before investing in what may not be a distinctive trade name, it may be prudent to conduct a due diligence investigation that includes at least a preliminary corporate name search, if not a comprehensive corporate name search.

Corporate Name Search of USPTO Trademark Records

A preliminary name search typically includes review of registered marks and common law marks. It helps identify marks identical or confusingly similar to the chosen corporate name. For example, on can utilize the U.S. Patent and Trademark Office (USPTO) website for a name search. The USPTO trademark database generally includes active and inactive marks. Depending on the trade name at hand, the corporate name search could include several searches. For example, searches directed to the trade name itself, individual components, spelling variations, etc. 

Internet, Common Law Use Search

A preliminary corporate name search could also include searches on one or more Internet search engines, such as Yahoo! and GoogleTM. Internet searches could also reveal common law marks that that are currently in use. 

Corporate Name Search of Domain Records

The preliminary corporate name search could also include a search of domain names. Domains could include terms that are identical or confusingly similar to trade name. For example, domain searches can be made through use of a WHOIS search from a domain registrar or ICANN.  In addition, the corporate name search for domains could identify available domain names of interest. This helps one to begin preemptively registering domain names and avoiding possible cybersquatting situations.

Business Entity Name Search

The preliminary corporate name search could further include a search of business entity and trade names. For example, the corporate name search could include a search of a state’s Secretary of State records or a compiled database aggregating all fifty states’ business entity records such as a LexisNexis® database. As with the other corporate name searches, a business entity name related search could yield identical or confusingly similar names. 

Comprehensive Searches

A corporate name search may require an in-depth comprehensive search. A comprehensive corporate name search typically includes searches for a particular state, region, or industry. As with the preliminary corporate name search, the comprehensive corporate name search could include several searches directed to the trade name itself, individual components of the trade name, spelling variations of the trade name, phonetically similar terms, and other suitable searches. 

About the Firm:

Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm.  The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution.  Additional information about the IP law firm and its IP law attorneys may be found at www.klemchuk.com.

Klemchuk LLP hosts Culture Counts, a blog devoted to the discussion of law firm culture and corporate core values with frequent topics about positive work environment, conscious capitalism, entrepreneurial management, positive workplace culture, workplace productivity, and corporate core values.