I'm in the process of selecting a legal name for a company. Where can
I find the information needed to make sure I don't select a name
already in use?

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Request for Question Clarification by serenata-ga on 24 Sep 2003 17:46 PDT

Hi Bart ~

For which country and/or province/state, etc?

There are both local and national places to check. Any further
information will help give you the best answer on where to check.

Thanks,
Serenata

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Clarification of Question by bart1-ga on 30 Sep 2003 18:58 PDT

Hi,

I'm mainly interested in information pertaining to Michigan
corporations, but would also be in interested in National information.
Thanx again.

Hi Bart ~

Thank you for clarifying your question, it gives me the information I
need to answer.

It's wise of you to check before hand to see if the name you chose for
your business is actually available. Only recently a well-known
publisher opened a new online business only to discover someone else
had registered the name with the U S Trademark Office. Oops!

While they put an amusing spin on having to rename themselves just a
few weeks after they launched, it still creates a lot of problems.

===================
State of Michigan
===================

Every state has some bureau or division which handles corporations,
business names, etc., and in the state of Michigan, it's the Michigan
Consumer & Industry Services.
   - http://www.michigan.gov/cis/0,1607,7-154-10557---,00.html

Michigan is setting up it's online searchable database, which you can
find here:
   - http://www.cis.state.mi.us/bcs_corp/sr_corp.asp

You may notice a pop that explains the database isn't complete, so
your best bet may be to contact the Bureau of Commercial Services
directly by calling the Corporation Division at (517) 241-6470, faxing
your request to (517) 241-0537 or mailing your request to the Michigan
Corporation Division, PO Box 30054, Lansing, MI 48909.

If the name is available, you may want to reserve it at that point.


==============================
U S Patent & Trademark Office
==============================

After you have checked with the State of Michigan, you will also want
to check with the U S Patent & Trademark Office to see if the name has
been registered with the Trademark Office.

Start your trademark search with TESS (Trademark Electronic Search
System), which is located here:
   - http://tess2.uspto.gov/bin/gate.exe?f=tess&state=mvrs7k.1.1


Click on the "New User Form Search (Basic)" which takes you here:
   - http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=mvrs7k.1.1

My recommendation is to merely type in the name you intend to use, as
the defaults for the search are set for the broadest search possible.

Since the Trademark Office is updating its database at the time I am
answering this question, it can be reasonably assumed the name will be
available. Do pay attention to their notice, though, as like with all
things, sometimes fall through the cracks.

If your business grows so that you expand into other states, you will
no doubt want to check with that state's government entity as well to
ensure the name is available in that state.

You can circumvent registering in every state by filing with the U S
Trademark Office. If it is available (and they do check with each
state prior to registering your trademark), your registered trademark
will be good for every state in the United States.

The USPTO has more information on trademarks here, which you will want
to read prior to filing for a US Trademark Registration.
   - http://www.uspto.gov/web/offices/tac/doc/basic/


Search strategies -
   I relied on information and resources known to me in the course of
my day to day business to provide this answer for you.


One last reminder, please read the disclaimer at the bottom of this
page. While this is general knowledge available to anyone who wishes
to check for name availability or trademark registration, it should in
no way be interpreted as legal advice.

Should you run into trouble, there is no substitute for taking any
information you may gather to an attorney specializing in corporations
and/or corporate law for advice on how best to proceed.

Good luck, Bart. I hope you find the name you want is available and
that your business undertaking is a success.

Regards,

Serenata
Google Answers Researcher

Assuming you are in the United States and that you are talking about a
statutorily organized business entity like a corporation, limited
liability company or limited partnership, the correct place to contact
is the office of the Secretary of State of the relevant U.S. State. 
In addition to worrying about selecting a name already in use, you
should ensure that the name it self is a permissible name in the
relvant jurisdiction.  You can do this by consulting the applicable
business law for that state (corporation, llc or partnerhip law). 
Normally this not be a problem unless you are using special words
proscribed by the state like "bank", "insurance", "trust" or
"gurantee" in the company name.

If your company was not, or will not be, formed by making a filing
with a U.S. state, it is not a statutorily organized business entity,
and you should instead concern yourself with an assumed name filing,
sometimes called a "d/b/a filing" (that is, doing business as filing)
or a fictious name.  These are usually handled by the local county
clerk or county recorder.

You may find the following sites illustrative:

http://www.nylovessmallbiz.com/business_organization.asp  
http://www.illinoisbiz.biz/bus/handbook.html
http://www.ss.ca.gov/business/filings.htm

You see, the big picture is pretty much similar in many jurisdictions.

Lastly, don't pay for a service like this when in many states you can
get it for free, or a nominal amount. Examples:

http://regrec.co.la.ca.us/fbn/
http://www.dos.state.ny.us/corp/crpfaq.html#corpname

If you are in Canada, I'm afraid I can't help.  

Sorry lunch is over,

good luck