However, in situations where the business name will never be used when dealing with the public or the trade, there is little chance that the business name would cause confusion with another business name in the marketplace. In such situations, there is generally no need to conduct a business name (trademark and trade name) search.
Additionally, business names require a second type of search which is separate and distinct from the federal trademark search. As a general rule, a business name must also be cleared or reserved with the South Carolina Secretary of State’s Corporations Office in the state where the business will be incorporated or organized, and in each state the business will conduct its operations. Note that the Secretary of State’s Corporation Office determines only whether a business may be formed under a given business name, it does not determine whether the business name can be used in the marketplace.