How do i find out if my prospective business name is available?

I have the perfect name for my future business, but how do I find out if it is already taken?

• Also, how do I find out what i'm allowed to name my products? If the names I had in mind are taken, can I just tweak it by a letter or word so it's different but still sort of the same? For example-- if i wanted an ice cream shop called Sundae's but it was taken, could i name mine Sundae's Ice Cream?

• Answer:

  You should search trademarks. The U.S. Patent and Trademark Office has a search engine on their website: http://tess2.uspto.gov/bin/gate.exe?f=tess&state=cr2t8b.1.1 In general, you can use the same or similar name as another company as long as the products are distinctly different. If you are unsure, you should probably talk to a trademark lawyer. If the product/business are similar, you generally need to be more different than just a letter or two unless there are many other similar marks. Again, you may need an attorney to make this judgment. Trademark law protects an owner if the consumer is confused. More importantly, the owner of the similar mark may be very aggressive with legal action and thus force you to either change your name or spend serious money to defend yourself. Either way, it will cost you. You may also want to search web domains.