If one were to start a business, how do they go about knowing if their business name is already taken? Are there websites that you can enter in a name and see f it's trademarked or registered or what not?

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Go to the website of the Secretary of State for your state. There will be a registry of corporation names, where one can check to see if that name has been registered. It is very easy.

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Well, usually. Some state's secretary of state websites are a pain to navigate. Iowa's, for example, is a royal pain in the ass to navigate. And Nevada's still prefers you use Internet Explorer! On the other hand, Wisconsin's was, last time I looked, quite good.

It also depends on where your business is going to be done. As far as I know, there is no national registry of names (since unless you're a bank or such, corporation/partnership/sole proprietorship law is all state law). So you'd want to run a check on any state where you'd expect to be doing business.

The exception would be if the name is trademarked. Then you'd need to go to the US Trademark Office. I don't know how that works, but my guess is there's a website.

But even if the name isn't trademarked, you want to do as Rourke said, and check out the Secretary of State site. If you do start a business, you're going to want to make a "d/b/a" filing with the Sec of State. Stands for "doing business as..."; each state calls it something more official sounding, of course. But generally its a very easy, simple form with a pretty small fee.

(I'm assuming you're talking about starting a business as a sole proprietorship, not as a corporation or limited liability company. Those obviously are a bit more complicated, though also relatively simple and not particularly expensive. (As long as you don't eff it up like I did and overpay for my Nevada sub-S company.) Depending on what kind of business you're talking about, you might want to consider something incorporated -- it can bit bit of a pain in the ass with the extra paperwork, but it can often be a really good idea to have a "separate entity" that limits your liability, etc.

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Sorry for the terse reply. The wife was clamoring to go out for a bike ride.

But yes, the Wisconsin Secretary of State website is very usable, as is the site for the North Carolina Secretary of State. I have formed Limited Liability Companies (LLCs) in both states, and in both states it was extremely easy (and affordable) to do. I am a big fan of the LLC. It provides a lot of the benefits and protections of incorporation without nearly as many headaches and technicalities. In most cases, unless your company is going to have a significant amount of assets, forming an LLC is the way to go. In today's litigious environment, it is almost always advisable, in my opinion, to form some sort of legal entity. It is just too dangerous to go into business as a sole proprietorship, because in the event that something goes wrong, you hold full liability for everything, meaning that angry customers, creditors, etc. can attach your personal assets (savings, car, home, etc.). Forming a legal entity provides you some measure (not perfect) of protection, making it more difficult for people to go after you personally. OBviously, if you have committed some sort of crime in the business' name, the entity will not shield you from criminal liability.

If you are concerned a name you want to use is trademarked, just do a Google search on it. If nothing comes up, you are probably good to go. Trademarks are only good within state borders anyway. Just because you find your desired trademark being used in California doesn't mean you can't use it in Colorado. If you are wanting to do business across state lines, however, you will have to register the trademark with the USPTO, as Wade said. Remember, though, that whether or not your register your trademark, it is entirely incumbent upon you to protect your trademark, and unless you are making lots of money with it, it isn't always worth it.

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I suppose I'd have to consult with the Colorado portion. I was thinking of starting a small business for computer enhancement/repair. I know a fella that is really good with business stuff, but he's a slick chap and I'd rather go into it on my own and reap all the benefits.

I started considering this years ago and more so when I recently heard a comment of "if you're good at something, don't do it for free". I have, I believe a decent skill set when it comes to computer's and technology as a whole and if I can profit off of it, why not?

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