Registering your business name with the state through your formation documents is a good first step in protecting your business name, but all it means is that there isn’t an identical business name in your state. That doesn’t mean no other business has that name or one confusingly similar to it, so it doesn’t mean you have trademark rights to it or that you won’t be committing trademark infringement by using it with the public.
Having a thorough trademark search by an experienced trademark attorney can help you pick a non-infringing name you can make sure isn’t trademark infringement and that you can secure as yours through trademark registration.
Trademark search and application for registration before committing to a business name is a worthy investment that will help you secure your brand, avoid legal trouble, and save time and money down the road. You can even have a search done and apply for registration long after you’ve been in operation. If anything problematic turns up, you can work with a trademark attorney on quietly rebranding asap.
Now that you know these trademark facts, you know it’s truly never enough to rely on your secretary of state’s office for trademark clearance or protection and you’re ready to start working with an experienced trademark attorney to know and protect your rights to your business name.
If you’d like help with trademarks, let’s talk. You can book a consultation online or by calling my office, use my contact form, or send me an email.
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