Protecting your company name
He thinks you have a clever name for your business? Good! But we must also ensure that the name is not used by another person – and protect it once you are sure it is yours forever.
Choosing a business name can be one of the most rewarding tasks in the startup phase, but naming your business is unfortunately more complicated than simply choosing a clever name for its implementation. The issues related to choosing a name is generally divided into two categories: the requirements for the registration of business names and optional inputs which provide a name more comprehensive protection of the government.
The required records
1. Trade name or fictitious name. If you use a name for your business that your personal name, you must register to ensure that other companies can not use the chosen name. This registration process will also help to avoid legal problems with competitors that prevents you choose a name that is very similar to another company. The registration of a false or fictitious name is also known as a “company to as” or DBA. In most states, this level of registration is done by filling out a short form and pay a small fee county.
Usually, a sole proprietorship or partnership requires such registration, but may require a company if the company will operate both under the name and DBA. For example, if you have built your business that XYZ company, but will work as the sun baked, you must subscribe to the sun baked dba unless, of course, his name is Sun and its name is Bakery.
2. The incorporation. As part of the incorporation process, it registered its business name with the Secretary of State for the state will do business. This registration process will reveal whether any other company has a very similar company name. After filing your corporate documents, you have the right and obligation to use the company name throughout the state in which you filed.
However, you do not have the exclusive right name because other unincorporated businesses may already be using a trade name, and other companies can use the name as a trademark or service. In other words, his record has provided the exclusive right to use XYZ Inc. This is his name with the corporate designation Incorporated or Inc., Corporation or Corp., company or limited liability company is limited or protected.
However, depending on the situation, the prior use of the name as a DBA, trademark or services of another company can prevent use of the name if the use of the name will confuse customers. Therefore, it is always advisable to search using governmental and nongovernmental sources, such as phone books, city directories and specialized industry publications for your industry.
Whether you seek the protection of additional name beyond what is necessary for your company or your products or services on which it depends mostly on the size of your business and if possible to run beyond your local geographic area. It is a good idea to conduct a broader search name before choosing a name for your business if you plan to use regional or national in the future. To do this, you must search and registration services to federal trademark. You can refer to the information www.uspto.govfor Patent and Trademark Office. If the finding that the chosen name is available, you must examine the folder name as a trademark or service mark. Although there is a cost associated with these recordings, which is much more expensive to have to change a business, product or service name in “midstream” because it violated the name of someone else .
trademarks or service marks consist of two parts: a name that indicates what type of product or service you are talking (eg tissue), and the word or words that identify it as different from all the other ( Kleenex) Featured. Best trademarks or service marks are those such as fabrics that words coined because they are distinctive, and can prevent others from using them. If you use a brand, be sure to:
Capitalize the first letter.
State in packaging and / or advertising your company owns the brand.
If the trademark is registered, use R with a circle around it to indicate.
If the trademark is registered only in their state or not at all, use the letters TM trademark or service mark to indicate SM property.
Enforce their rights by notifying other companies or the media if not properly use their brand.
Like all other business decisions, issues related to trade names can be complicated, and it is always advisable to seek information and assistance. Besides books and websites, you can visit your local small business development center for individual counseling free of charge.