- 1). Check on the availability of the business name. Most laws require that a business name is unique, especially if you have chosen a name other than your own personal name. Consult state and local business name databases for the same or similar name. Check with the U.S. Patent and Trademarks Office as well as any state trademark agencies to see if the name has been registered as a trademark. If either search results in a name that is similar or the same to the name you have chosen, you will not be able to use that name for your business.
- 2). Register the name with the state. In most states, this can be accomplished by filing an application along with any applicable fees with the Secretary of State or state agency responsible for overseeing business names. If you are not sure which state agency oversees business names, contact your county government office for direction.
- 3). Register the name as a trademark. To ensure that no one else outside of your state can use your name, register your name as a trademark with the USPTO using its Trademark Electronic Application System (see Resource).
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