If you select a business name...how do you determine if someone else has it or not, and does it only apply for your state, or is it nationwide?

I am guessing that if once you register it...it's yours, but when you registeer it, will it automatically kick it out if already taken? Has to be more to it than a google search...not every business will be listed online/web page I am guessing.

Any advice...trying to get the ball rolling. Thanks

I don't know if the same rules apply,but I just opened a new hair and nail salon. I had to choose a first and second choice. I checked everywhere I could think of to see if there was a salon by my first choice and there wasn't. To my surprise when I got my license I had not gotten my first choice. I found out that a salon was in town by that name and was no longer open,but was told that they still own the name.
Sherry

I know here in the State of Louisiana, you have to submit paperwork to incorporate or get a business name. You submit your name and if there is one within a certain mile radius of you, you'd have to choose another name for your business. I use to work for an attorney years ago and we did a few of these... a lot of people would be disappointed when we'd get back the paperwork and they'd have to choose another name... they use to let you call in to state office to see if the name had been registered... it may even be something that is available online now instead of calling/mailing... I'd check by googling for the state you live in and seeing the correct procedures for obtaining your business name good luck!

I had to do this a few years ago for my business (not cake related). Check your state/county government web site for info about specifically what you have to do, but in MD, I had to do searches for similar names and then submit my final choice to the state along with a request to become an LLC (same thing for corporation, partnership, etc). they sent me final verification that my business name was registered and legal.

but the name only has to be within your state...not nationwide, correct?

In Texas, you can do a search with the County Clerk's office for around $10. The way it works here is you choose your business name and select the amount of time you want it for, up to 10 years. If you have it for 10 years, it doesn't matter if you stop using it after 2, nobody else can use it for the entire 10 years, though I think you can file paperwork to release the name. Registering for the name is a separate transaction than incorporating or getting an LLC or similar. Registering the name just means nobody else can use it and is done with the county clerk. Incorporating, etc. is done with the state treasury dept for tax reasons.

I believe the name only(DBA) is countywide, incorporating that name would make it state-wide, the only time it would be national is if another company is using it nationally, like Target or Wal-mart.

Back when I did these, it was within the state.

Alimonkey is right. In Texas, not sure if Virginia is the same, but you would apply for a DBA at the county clerks office. If you are incorporating then you need to file, articles of incorporation with the state. In my case, I originally filed as a sole proprietorship and only did a DBA with the county clerk. My husband, the smarter of the two, suggested we incorporate my business. Now I am in the process of filing my articles of incorporation with the state. As far as the national goes....if you are planning to do business nationwide, then you need to register your name as a trademark. Or if you simply don't want to have anyone else use it nationwide. I searched for my business name and it is not trademarked as of yet. Once I incorporate I will also file the necessary documents to have my business name trademarked. I plan to do work in different states and don't want anyone to use my name. Now if your name is already taken, you may still register it as a trademark if the service you are providing is not in anyway similar to the service/product the other company is providing. The trademark website can answer lots of those questions. I found all my info. at the public library. If I can help you in any other way please feel free to send me a pm. I hope I didn't confuse you with all of this. Best of Luck!!

In Colorado you would go to the Colorado Department of Revenue website and there is a link called "trade name search" under online services and you can see if the name is taken...you can do this online and you also can print the form to send in with your $8.00 top register a name as yours.

In New York you have to file a DBA with the county clerk's office.