If I Have An Internet Domain Name, Can It Also Be Registered AS My Business Name?

Yes, if the domain name is not the same as or deceptively similar to any business name already in some manner registered with the Secretary of State. Therefore, ownership of a domain name is not a guarantee that the domain name can be the business name.

Choosing A Name for My New Corporation

Filing your business name with a local county clerkís office or the Bureau of Commercial Services,
Corporation Division, creates no substantive rights to a name. You may wish to exercise care in selecting a name, however, to avoid infringing on names filed by other businesses or being used by another entity as a trademark, service mark or trade name. To protect any rights a business claims to its name, the business entity must monitor its name and respond to anyone who infringes on its rights.

Register A Business Name


There is more to naming your business than just coming up with something that sounds good and you happen to like. Thought must be given to state and local requirements and making sure you donít infringe upon the rights of someone elseís business name.

Legal Requirements And Implications
Picking a name for your business requires much more than just creativity and a working knowledge of your target market. First you'll need to decide which business structure you will use, since each structure has its own peculiarities. For example, many states require a sole proprietor to use their own name for the business name unless they formally file another name as a trade name, or fictitious name. Read more about How Business Structure Affects Business Names. 

Similarly, you will need to determine whether your trade name will be the same as the full legal name of your business. Of equal importance is finding out whether your name or a very similar name is being used by another business, and if so, what rights they may or may not have to use the name in the area where you do business. Keep in mind that some businesses only file trademarks within their locality, so it's possible that the same name can be used elsewhere. Here's some information on Trademark FAQs.

Search And Registration
Trade names can be registered through state Secretary of State offices, and for wider marketplace protection, through the U.S. Patent and Trademark Office (USPTO Trademark Search). Businesses may use the USPTO's online system to search the federal trademark register to see if their proposed name is being used by a federally-registered business.

Domain Names
For many businesses that operate on the Web, trade names are synonymous with domain names, such as Amazon.com and Monster.com. Domain names are not registered through state or local government; rather they can be obtained through numerous online businesses, most of which will allow you to conduct a name search prior to purchase to make sure your chosen name isn't taken.

Register My Business Name in Wisconsin

There is often some confusion about registering a business name, the protection it provides, and which state organizations are involved. Here is a summary: Registering your business name/your name as a trademark:

Wisconsin statutes do not require the registration of marks with the Secretary of State. Consequently, many marks are in use without being registered, and therefore the Secretary of State has only a partial listing of those in use by businesses operating in Wisconsin. Other areas to investigate might be the Internet, telephone books, trade journals, and other publications available at the public library.

Wisconsin statutes define "mark" as "...a label, trademark, trade name, term, design, pattern, model, device, shopmark, drawing, specification, designation, or form of advertisement that is adopted or used by any person to designate, make known or distinguish any goods or service as having been made, prepared or provided by that person and that is registered by that person under s.132.01."

Registration of a "mark" is a public record that shows the date a party began using a mark. While registration may discourage others from using the same or similar mark, it offers no absolute protection from future conflicts. Registration of a mark, including a business name, does not give exclusive rights to that mark.

Rights to a mark are acquired through use and not merely by registration. A business using a mark for a number of years without registering it could have rights over a business just beginning to use it, regardless of the new firm's registration with the Secretary of State. Rights may be acquired by using a mark to such an extent that the public comes to associate it with a particular party so far as a certain product or service is concerned. However, until a Court determines exactly who has such rights, no party has exclusive right to a mark, regardless of whether or not the mark has been registered with the Secretary of State.

The Secretary of State is required to accept all properly completed applications, regardless of any similar or identical prior registrations. Before registering a mark with the Secretary of State, a person should be reasonably sure that use of the mark would not infringe on another party's rights. If a party claims exclusive rights to a particular mark and is faced with infringement of those rights, it should be understood that the Secretary of State has no authority to determine who has any such rights. Any conflicts must be resolved between the parties involved, or by the Courts. Anyone wanting an opinion regarding exclusive rights should consider consulting a private attorney. The Secretary of State is not authorized to provide such services.

Any questions about registration of marks should be directed to the Office of the Secretary of State, Trademark Records, P.O. Box 7848, Madison, WI 53707-7848. Telephone: (608) 266-5653. You may register your mark online.

How Do I Check A Business Name for Availability?

Most  Secretary of Stateís business database resides on its  websites. You can preliminarily review all of the business names that being used to determine if your name maybe available to register.
The Secretary of State will conduct a preliminary search for availability; however, the final determination for availability is made when a document is actually filed. Therefore, a business is advised to avoid investment or commitments in a business name until after a name registration is confirmed with the Secretary of State.