Start Ups & Your Business Name

Marketing and strategySelecting the name of your new business in California is an important task. You want to make sure you get it right and that it is protected. You do not want to make any financial commitments using the business name until you have confirmed it is yours to use. Below are a few considerations:

Trademark Registration

You will want to research your idea for the name of your business with the U.S. Patent and Trademark Office (USPTO). It is important to confirm that your business name is not so similar to an existing mark of an entity that operates in the same industry as you that there will be a “likelihood of confusion.” If the USPTO believes that consumers would mistakenly confuse the similar marks or believe that the goods or services come from the same source, the registration of your mark will be denied.

Register DBA Names

You must make a name availability inquiry with the applicable state agency that governs business registrations. A “DBA” is a “doing business as” name, which is less formal than an entity’s formal name registered with the applicable state’s agency. It is important to search your state’s registry to confirm that the formal name and DBA name of your business is distinguishable from existing names previously registered. Once you confirm that the name is available, you should proceed with the filing process to reserve the name and ensure that you protect it. In California, the Secretary of State handles business registrations.

The Swenson Law Firm is located in Orangevale and we proudly serve businesses of all sizes and employers from all over the State of California. Contact us today to learn more about how we can assist you with matters such as business formation, contract negotiations, hiring employees, protecting your intellectual property and defending lawsuits. With our years of complex business trial and litigation experience, we are an effective, efficient and affordable choice in representing you at the bargaining table and in the courtroom.


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