Your business name is one of the most important assets you have. It identifies you to the public and allows others to find you. So, it's essential to make sure it's available, easy to remember, and trademarked correctly. In addition, your business is your livelihood, so protecting its name is of the utmost importance.
A trademark is a unique identifier that can distinguish your products or services from those of other businesses. It's also a valuable asset; if someone hijacks your name, it can cause significant business problems.
What do we do to protect the business name?
Trademarking the name: Your company name must satisfy two requirements to qualify for trademark protection: it must be unique and not raise any potential for confusion with other trademarks that have already been registered. By using a company name, you automatically become the owner of a trademark in that name. However, you can get considerably better protection by registering your name with the Patent and Trademark Office or USPTO.
Copyrighting the name: Original works of authorship are safeguarded by copyrights. Business names are not protected by copyright since they are not regarded as original works of literature.
Registration offers broad-based trademark protection, precludes the registration of comparable trademarks, and generates a public record that may serve as a deterrent to rival companies considering using your company name.
To protect your business name, there are a few things you need to remember:
- Use a trademark attorney to get an official trademark registration.
- Use ® signs when registering your trademarks.
- Keep up with the latest trademarks law developments.
- Keep updated records of all trademark registrations and applications.
- Avoid using confusing or similar trademarks in close proximity to each other.
How do you protect your business name from being stolen or used without permission?
Well, the answer is complex. However, you can take several steps to ensure your business name is protected and does not have to be expensive. Some of the measures you can take are things you may already be doing without even knowing. Here are some tips on how to protect your business name:
When starting a business, one of the most important things you need to do is get a Registered Trade Name. This will be used on all legal documents, such as birth certificates, passports, and contracts. The RTN should be unique and sufficiently descriptive so that people know who you are and what your business does. Choosing a solid name that will be clear from another company is also essential. If someone has legitimate reasons to use your business name, they will likely go through a lot of effort to find and purchase it from you. Protecting your trade name is essential for several reasons:
If you take the time to protect your trade name, it will significantly reduce the chances that someone else can use it without your permission or profit from it. Protecting a trading name can be done in several ways, including registering it with the government or using standard law protection measures. By following these guidelines, you can ensure that your business remains safe and separate from other businesses
If you have recently started a business, the information transfer document is one of the first things you will need to create. This document outlines how your company's trade name and registered trademarks can be transferred to you. Protecting your company name is critical for protecting your assets and preserving your brand's goodwill and perceived legitimacy.
Remember a few essential things when setting up and protecting your business name:
- Make sure your company name is unique and memorable.
- Choose a name that will not infringe on someone else's trademark or copyright.
- Always keep your contact information current and updated in case legal issues arise from using your company name.
Conclusion
Registering your business name with the government will ensure that your business name is legally protected from anyone who wants to use your name, product, or service. If a business with a different name opens up across town using the same business format and service, you can easily dispute the claim by proving that you were the first to use it. With your registered business name, you have exclusive rights to it in your state and locality. Sometimes it's the little things that can cause a lot of trouble. It's easy to let your guard down and feel proud of yourself over a small achievement, and often this comes at a price. As I mentioned earlier, if you are planning to launch a brand-new business, you should protect your business name early in the process. You want to avoid getting halfway through making your logo, website, and marketing material only to find out someone else has already taken it. So, consult your attorney and register your name today
