Choosing Business Names and Domain Names

If you’re registering a business with us today you’re going to need to choose a business name that isn’t similar to someone else’s business name in the state of Oregon – but really, to be safe – not similar to anyone’s business in the country.

These are some generally accepted truths about choosing a business and domain name that will help you go about it.

You’ll want to have a business name and domain name that match, ideally.

The best place to start your search to see if your chosen name is taken is “Google” and “Yahoo” search engines. The reason you search them is that your local state database of registered companies and corporations will not list those in other states. You must do a thorough search because you want to avoid having to change your name – or avoid a lawsuit in the future if you refuse to change your business name when it conflicts directly with another company’s name.

So, let’s say you want to name your company “McDonald’s Hamburgers”. A quick search in Google or Yahoo will show you that there is already a McDonalds – and there are probably 48 million pages found with the word McDonald’s that is referring to the successful chain. McdDonald’s makes hamburgers so if you chose that as your name you’ll soon receive a “cease and desist” letter from a McDonald’s lawyer asking you to consider changing your name or you’ll be in court shortly. Better not to pick that name.

What about Rover’s McDonalds? Has a negative connotation doesn’t it? Rover is a dog… Dog hamburgers are not going to be all the rage anytime soon. Better not choose that name.

What about “Mick’s Hamburgers”? Is there one in Google? Probably. Maybe it’s in Florida and you’re in Oregon – is it OK to choose that name? It’s OK, but, in the future if one or both of your businesses expands and start to conflict with customers not understanding who is who – one of you will need to change your name. The business with a longer history of using the “Mick’s hamburgers” as a business name will likely prevail in the court of law. So, you shouldn’t choose that name.

What about “Roger Restive’s Hamburgers”? Can’t find any incidences in Google when you search with the phrase in quotes? That’s good.

Is this a catchy business name? Memorable? Maybe. Maybe it’s OK.

Not so fast. Check it in Yahoo. Find any businesses with that name? No?

Ok, so far, so good.

Type it in your address bar in your browser:

www.rogerrestiveshamburgers.com

try .org, .net, .tv, etc.

No results?

Go to www.Godaddy.com and choose their “domains” link, and in the dropdown will be a “Bulk Register” feature. Choose that and enter as many similar iterations of the name as you can – plural and not. With dashes between the words – and not. With .com, .net, .tv, .org, every extension they offer.

All of those names available?

Not so fast.

Now go to the Patent and Trademark office. Names are trademarkable to protect the owner from infringement – causing a loss to the owner of the trademark.

The word, “Fark” is trademarked. Nobody can use the word Fark except the owner of that trademark. In reality – many still do – but, if Fark.com owner wanted to start prosecuting those with Fark in their business name, commercial products, domain names or other – they’d be legally justified in doing so.

Check to see if “Roger Restive”  is trademarked. Check “Restive Hamburgers”. Check unplural and plurals. No need to check common words by themselves – like hamburger, comb, fan, car, bottle, etc – because common words and phrases are not trademarkable. You can read more about the legally trademarkable words at the official site.

So far so good?

Probably you’re OK to go with this business name.

For each name you consider – you’ll have to check these resources to make sure someone doesn’t already have a business named similarly to yours.

Oh, one other tip… if someone has a business named “Donny’s Disks” and you wanted to name your company the same, you might be able to. If the other company is selling Flying Frisbee type toys and your disks are custom made DVD’s – there is no conflict between the companies because they are qualitatively different, though the name is the same. There are proably other businesses named, “McDonalds” that have nothing to do with hamburgers and fries.

Ready to choose your business name now?

Once you choose your business name, make sure that you can get the .com, .org, and .net names – and the plurals as domain names too. It’s a good idea to register all of those names to protect the image of your business in case someone wants to ride your wave of success by choosing a domain very similar to yours. It happens.

Disclaimer:

When you give us a business name to check with Oregon state we are checking the name against businesses registered in Oregon at the state of Oregon database only. It is up to you to check the other sources for whether the name is acceptable.

Please read our full disclaimer here.