Is My Business Name Available… Really? (Episode 35)

Are you wondering if your business name is available for use?

Many people do what they believe is a proper trademark search, think their name is available and then don’t know what to do next.

That is what we are going to talk about on today’s episode. What do you do after you have done a trademark search and determined that nobody is using your name.

Do you do nothing? Immediately file a Trademark Application? Something Else?

Today we answer all your questions so that you can get your brand protected!


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Some of the resources mentioned are affiliate links, which means that if you purchase through this link, we will receive a small commission, but it won't cost you any extra money. This is a great way to support what we are doing here at Hawthorn Law. Thank you!

If you are interested in learning more about building and online brand and making sure it is legally protected, click here to schedule a strategy call and get started today.

To conduct a free trademark search using the USPTO Database, click here.

To get on the waiting list for our new legal training, click here.

The Biggest Takeaways

  1. Just because you think you have done a name search and didn't find anything doesn't mean you have done a proper name search.
  2. The best way to insure your name is available is to hire a lawyer to help you do the search and then draft a legal opinion for you.
  3. Once you have received a green light on your clearance search, you must act quickly to get your trademark application filed. An old trademark search is a stale one.
  4. The Trademark Office is a “first-to-file” system. This means that the first business or person to file a trademark application for a certain name has priority over later filed applications.
  5. Having solid contracts in place to protect your legal relationships is extremely important. For some lawyer-drafted templates that you can use immediately, click here.

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Next Steps…

Would you like to work with Jim on a deeper level?

Click here to schedule a strategy call and learn how we can help you to protect your online brand.

If you are an aspiring entrepreneur ready to join our membership now, click here.

If you need some legal templates for your online business, click here.

If you are looking for a lawyer to help you with the legal aspects of your online business, click here.

Legal Disclaimer

The content of this podcast episode is provided for informational purposes only and is not intended to constitute legal advice. You should not rely upon any information contained on this podcast episode for legal advice. Listening to The Legal Jim Podcast is not intended to and shall not create an attorney-client relationship between you and James W. Hart or The Hart Law Firm, P.A. d/b/a Hawthorn Law. Messages or other forms of communication that you transmit to this website will not create an attorney-client relationship and thus information contained in such communications may not be protected as privileged. Neither James W. Hart nor The Hart Law Firm, P.A. makes any representation, warranty, or guarantee about the accuracy of the information contained in this podcast episode or in links to other podcasts, resources or websites. This podcast is provided “as is,” does not represent that any particular outcome will result from listening to this episode. Your use listening to this podcast is at your own risk. You enjoy this podcast episode and its contents only for personal, non-commercial purposes. Neither James W. Hart, The Hart Law Firm, P.A., nor anyone acting on their behalf, will be liable under any circumstances for damages of any kind.

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