You put a great deal of effort into choosing the perfect name for your business. You registered the business with the Secretary of State in every state in which you operate. That’s all you need to own your business name, right? Wrong.
Registering your business with the Secretary of State only means no other business in your state has the exact same name. There could be businesses in other states with the exact same name, or very similar names. There could even be a business in your state that is operating as a sole proprietorship under an assumed name that is identical to yours aside from the LLC, Inc., etc. after your business’ name.
Here’s a fact that surprises many people, even many business attorneys who don’t work with trademarks much if at all: Most if not all states’ business registration offices don’t even check their state’s own trademark databases when approving a name for LLC/corporation/partnership registration to see if there is a conflict.
If there are businesses in your state or other states with the exact same name, or very similar names, if any of those names were in use before your use of the name, that can spell expensive trouble for you. The other business owners using the same name, or even highly similar names, can in many cases force you to stop using your business name. That means rebranding, which is expensive and creates confusion that can result in a loss of customers. The other business may even be able to sue you for damages (that’s a $ judgment against your business).
The only way to ensure you fully own the rights to your business name is to have a trademark attorney do a thorough clearance search and register the business name as a trademark with the United States Patent and Trademark Office. Applying isn’t enough. The application needs to make it all the way to registration. Registering your business name this way lets the world know you have the ownership rights to that name when it comes to the goods and services you provide. It means you can be the one to send a cease-and-desist letter to a copycat, rather than being on the receiving end of one.
Getting your business name registered as a trademark isn’t cheap if it’s done well, but it is worth every penny for the peace of mind it provides in preventing unexpected, expensive, and potentially damaging rebranding work or finding out too late your business name is too common or has other problems that could stop you from preventing others from using it for the same or similar products or services you’re offering.
I help clients register their business names, logos, slogans, product names, and trade dress as trademarks. I do thorough searching and analysis to discover any potential issues with registration, and if I find any, I work with clients to overcome them so they can obtain maximum protection for the brand they are working hard to build. I also make sure applications are filed with the right descriptions of your products or services and have examples of use of the name that will be accepted by the USPTO.
If hiring an attorney truly isn’t in your budget, you may want to take a look at a course I have that goes over important information and has some DIY tips:
https://courses.kingpatentlaw.com/courses/intellectual-property-the-basics-for-your-business
If this post scared you a bit, it was supposed to. Most people don’t know about this incredibly important information, and that makes them vulnerable to expensive and devastating problems. Now you aren’t one of those people, and you know what you need to do to prevent those problems!
To meet with me by phone or video about getting your business name registered as a trademark, or even just having a thorough clearance search done, please call my office at 217-714-8558 or go to kingpatentlaw.com/appointments to book online.
I hope this helps you feel empowered and inspired to take action if you don’t already have your business name registered as a trademark. You deserve to have that peace of mind!
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