Why it’s important to check if a business name is already in use before taking it

Before jumping into starting up your own business, it’s a good idea to check if the name is already in use. Otherwise, you could find yourself in some legal issues further down the line.

Choosing the perfect name for your business is a crucial step in building your brand. However, before you get too attached to your chosen name, it’s essential to check if it’s already in use. Overlooking this step can lead to legal troubles. As well as branding issues, and financial losses. Here’s why it’s important to ensure your business name is unique before you proceed.

1. Avoid legal issues

• Trademark infringement: If your business name is already trademarked by another company, using it could lead to legal action against you. Trademark infringement can result in costly lawsuits. You can incur fines, and even have to change your business name after you’ve already started operations.
• Compliance with laws: Different regions have laws that prevent businesses from using names that are too similar to existing ones. Checking the availability helps you comply with these regulations and avoid potential penalties.

2. Protect your brand identity

• Uniqueness: A unique business name helps your brand stand out in the marketplace. If your name is too similar to an existing business, it can confuse customers. It can dilute your brand identity.
• Customer trust: A distinctive name builds trust and credibility. Customers are more likely to remember and trust a business with a unique name.

3. Simplify marketing efforts

• Domain availability: In today’s digital age, having a matching domain name for your website is crucial. If your business name is already in use, the corresponding domain name is likely taken as well. Complicating your online presence.
• SEO benefits: A unique name improves your search engine optimisation (SEO) efforts. When your business name is distinct, it’s easier for potential customers to find you online without confusion.

4. Avoid financial losses

• Rebranding costs: If you have to change your business name after launching due to conflicts, it can be expensive. Rebranding involves creating new marketing materials, updating your website, changing signage, and informing customers.
• Lost investment: Any investment in marketing, branding, and advertising under the old name could be wasted if you need to rebrand.

5. Ensure social media consistency

• Social media handles: Just like domain names, securing social media handles that match your business name is important for consistency and brand recognition. If your name is already in use, you might struggle to find matching social media handles.

6. Build a strong reputation

• Avoid negative associations: If another business with a similar name has a bad reputation, it could negatively impact your business. Ensuring your name is unique helps you build a positive reputation from the start.
• Clear brand message: A unique name allows you to craft a clear and distinct brand message. Making it easier for customers to understand what your business stands for.

How to check if a business name is available

1. Conduct a trademark search:
   • Use the trademark database in your country to see if your desired name is already registered. For example, in the United States, you can use the USPTO’s Trademark Electronic Search System (TESS).
     
2. Search business registries:
   • Check with your local business registry or secretary of state’s office to see if the name is already in use by another registered business.
     
3. Check domain availability:
   • Use domain registration websites to see if the web domain for your desired business name is available.
     
4. Search social media:
   • Look up your desired business name on popular social media platforms to ensure the handle is not taken.
     
5. General internet search:
   • Perform a general internet search to see if there are any businesses with a similar name that might not be officially registered but have an online presence.

Checking if a business name is already in use before committing to it is a vital step in starting your business. It helps you avoid legal issues, protect your brand identity, simplify marketing, prevent financial losses, and build a strong reputation. By ensuring your business name is unique, you set the foundation for a successful and recognisable brand.