When people open a new business for a brick-and-mortar store or offline service, they make very sure that the name is not trademarked by someone else.  If the name is available, then the business owner needs to trademark it, so no one else will take it. You will need to do the same with your online business.  A business name is very important, since that is how  your customers or clients will remember you. That is how you will build brand and how your clients and customers will tell others about your products or services.  Deciding on this name is almost as important as deciding what product or services you will offer.

You want to determine if anyone else is using the same name.  Too many Web site owners ignore this step.  In the best case scenario, customers will confuse your two sites and business will be lost. In the worst case scenario, you could be sued and have to change your name after your have your business established.

In addition, you will also want to protect your logo or any design that is associated with your business’ name.  Check with the United States Patent and Trademark Office or Trademark Electronic Search System database to see if anyone has your intended business name trademarked.   If the name of your business is close to another one, but not exactly the same, you could still have some problems.  You do not want to spend the time and money in a legal fight.  If the name is not taken, then you need to apply for a trademark to protect you in the future. Since your business will most likely be part of your domain name, it is necessary to check the trademark on this, too.

Remember:  1) names identifying  products or services to customers are considered to be   trademarks;  2) memorable trademarks are protected by law;  3) specific business and domain names normally are considered trademarks ; 4) whoever uses the trademark first owns it, in case of a legal question; 5) different trademarks  legally conflict with another if customers are unable to keep the two businesses separate.

When determining your domain, research as many trademarks as possible, look for potential conflicts and choose a name that will not cause a problem in the future.  You should also look for different spellings and synonyms of your possible business name. The U.S. Patent and Trademark Office provides all registered and pending trademarks.  Also search other business name registers, such as Thomas Register Online.

If you find any other names that are close to the one that you have chosen, make sure that the businesses are not carrying similar products or offering the same services.  Also make sure that customers cannot confuse the two names when looking for items.  Lastly, if the name of the other business is well known and branded, stay away from it. Do not try to be clever and play off this name. You could easily be sued.