> Can you buy a company name?

Can you buy a company name?

Posted at: 2015-07-28 
Hi, can you buy a company name?

I was wondering because when i get older i want to start a big company with cruises and resorts and airlines

but i want the name to be on every service i have. i stayed at this hotel called embassy suites and i think its a perfect name for the type of company i want for Example Embassy Cruses and Embassy Airlines and Embassy suites.

Step 1

Go to the secretary of state's website in the state you want to register the business. Each state has its own database of companies registered. Enter the name you want to use in the search window and look for companies that might already be using your name.

Step 2

Obtain the name and address of the registered agent for the business that is using the name you want. If there are no businesses using the name, you will be able to register it directly with the secretary of state.

Step 3

Search the U.S. Patent and Trademark Office (USPTO) database for registered trademarks using the desired name. The Trademark Electronic Search System (TESS) is the database utilized by the trademark office. Enter the name into the search engine to see if any businesses are using the name in a trademark. You may still be able to use the name on a state level as long as the business with a trademark does not fall into the same industry as your business. If it does, write down the registered trademark agent information provided by TESS.

Step 4

Contact both the business registered agent and the trademark agent. Ask if there is any interest in selling the rights to the name or trademark.

Step 5

Negotiate the terms for the name purchase. Depending on the cash value the existing name or trademark has to the registered owner, the price could range from hundreds to millions of dollars. You may have to negotiate with the business registered owner and the trademark registered owner separately.

Step 6

Draw up a contract that releases all name or trademark rights to you as the new registered owner. Once again, the trademark may be independent from the business entity.

Step 7

Obtain the appropriate registration transfer paperwork from the secretary of state and the U.S. Patent and Trademark Office. The trademark office requires a "Recordation Form Cover Sheet" with the contract copy stating the assignment of the copyright. The fee is $40. Check with your secretary of state for the proper form and fee schedule in your state.

You can trademark a name that's not already being used, so you can't come up with your own Embassy Suites - that's not your name to have. If there's possibility for brand confusion, there can be blowback - e.g. there could be some confusion in starting a related travel/hospitality brand called Embassy, but if you wanted to start Embassy Plumbing, they wouldn't care at all.

So many people at this site are "looking for the perfect company name".

Not necessary. Would McDonald's sell one hamburger more with a "perfect" name? Would Disneyland attract one more visitor with the "perfect" name? Both of those fine company's were named after their founders. Hardly the perfect name.

Concentrate on a product or service that is "memorable" and customers will remember your name, no matter how imperfect.

that dude with the long answer is 100% CORRECT