Legal Question in Business Law in Massachusetts

starting sm buss.

how do i know if the name i want to use for my business is ok to use and not taken by anyone else?


Asked on 9/03/07, 8:10 pm

3 Answers from Attorneys

Daniel Maloney Law Offices of Daniel J. Maloney

Re: starting sm buss.

You can check it on the Secretary of State's website, www.state.ma.us/sec/

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Answered on 9/04/07, 10:30 am
Lawrence Graves Coolidge & Graves PLLC

Re: starting sm buss.

First, look at the name search function on the Mass. Secretary of State database to see if another company is registered under that name. Second, check the US Patent and Trademark Office database to see if the name is a registered trademark of another entity. Finally, run the name in some Web search engines to see what turns up. You can pay for a full-blown trademark clearance search if you want, but most small business start-ups don't have the cash to invest, so I recommend the self-help approach first. If you have questions about whether another name is too much alike for comfort (i.e., "confusingly similar" in the language of trademark law), you should consult an attorney.

Best wishes,

LDWG

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Answered on 9/04/07, 12:05 pm

Re: starting sm buss.

You can check several ways, first with the corporation bureau in MA to see if there is a similar corporate name registered in MA. The second is to do a simple trademark search with the USTPO.

This will not guarantee the name is not used anywhere else in the US but it will give you a fairly good idea. The only other way is to order an expensive trademark search including corporate registrations.

if you have more questions, please feel free to call me.

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Answered on 9/03/07, 8:20 pm


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