11 Steps to Protect Your Business Name
- Create a corporate entity.
- Make your branding memorable.
- Register a unique domain name.
- Trademark your name and logo.
- Purchase all domain extensions.
- Register the name of the business you are doing.
- Set up social accounts immediately.
- Don’t hesitate to ask for help from a legal professional.
-2.12.2021
How do you make sure no one else can use your business name?
If you need an online presence for your business, start by registering a domain name, also known as a website address, or URL”. Once you register a domain name, no one else can use it as long as you continue to own it. This is a good way to protect your brand presence online.
How do I lock a company name?
Contact the U.S. Patent and Trademark Office, or the USPTO, online or by phone, to trademark your business name. You can only trademark a name that is not currently trademarked or in use by another business in the country.
How do I stop someone from stealing my business name?
Your brand is your company’s identity, so it is important to secure it with a trademark. To obtain a trademark, you must file an application with the United States Patent and Trademark Office (USPTO).
Can 2 businesses have the same name?
Can two companies have the same name? But yes, it does not constitute trademark infringement and certain requirements must be met to determine which party is the rightful owner of the name.
Do I need to trademark my business name?
There are no legal requirements to register a trademark. Use of a business name can give you “common law” rights without formally registering it.
How do I protect my brand name and logo?
If you want to protect your brand identity, you must register a trademark for your company name, logo, or slogan. By using a trademark symbol, you are letting others know that the product they are using is owned by you. You must choose a strong one to prevent unauthorized use of your trademark by third parties.
Can someone copy your business name?
Unfortunately, some people do not know that copying someone else’s work is illegal. If you notice that someone is copying your business name, logo, or content, contact them and let them know first.
How can I legally protect my business idea?
How to Legally Protect Your Business Idea
- Register your Intellectual Property (IP) portfolio.
- Monitor your protected business idea for infringement.
- Enforce IP ownership and take down infringements.
- Adopt brand protection software.
Do I need a registered agent for my LLC?
The answer is yes. You are legally required to list a registered agent as part of your LLC or corporation.
Should I name my LLC after myself?
While you can name your LLC anything you want as long as you comply with state guidelines, there is an advantage to naming your LLC after yourself: you build a strong personal brand that people can easily associate with your product. However, the LLC name can be separate from the business trademark.
Should I get a trademark or LLC first?
It is important to obtain both an LLC and a trademark, and it is best to form an LLC before applying for a trademark. Each provides different protection, and they work together to provide broad protection for your business. It is recommended that you form an LLC before filing a trademark application.
Is it better to trademark a name or logo?
Which one should I trademark? It depends. Familiarity with a logo is often more valuable than familiarity. Since logos change more frequently than names, it usually makes more sense to register a standard letter mark to protect the business name itself.
Whats the difference between LLC and trademark?
Legal Protection LLCs and trademarks are each an integral part of the business world, but they serve different purposes. An LLC is a legal entity that protects the business owner’s personal assets from lawsuits and bankruptcy, while a trademark protects the intellectual property of the business.
How much does it cost to patent a business name?
The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost of filing a trademark application with the USPTO. The easiest and least expensive way to register a trademark is online through the USPTO’s Trademark Electronic Application System (TEAS).
What’s the difference between copyright and trademark?
While copyright protects original works, trademarks protect items that distinguish or identify a particular business from another. While copyright is automatically created by the creation of an original work, a trademark is established by the joint use of a mark in the course of business.
Is it worth trademarking a logo?
Trademarks protect words, names, symbols, sounds, and colors that distinguish one company’s goods or products from those of another. Registering a logo as a trademark not only protects it from use by other similar businesses, but also protects a company from unknowingly infringing on an existing logo.
What is it called when someone steals your company name?
What is business identity theft? Business identity theft occurs when a criminal impersonates a business owner, officer, or employee to illegally obtain cash, credit, and loans, leaving the affected business in debt.
What happens if someone trademarks my business name?
Trademark Registration If so, the owner could face a lawsuit for using the same name as someone else, even if the second party registered the company’s trademark after the first owner formed the company. These situations usually require the services of an attorney to understand and pursue.
How much does it cost to copyright a business idea?
Once the work is completed, copyright is automatic and free. Registering with the government can cost anywhere from $35 to $400.
How can I patent my idea for free?
There are actually two ways to patent your invention for free. If you cannot afford an agent or attorney, look into the Patent Bible Program or the Law School Clinic Certification Program. Both are offered by the USPTO. The Patent Chairperson Program pairs attorneys with registered patent agents or inventors.
How long does it take to get CAC certificate?
According to the Commission, the process of registering a business name typically can take one to two weeks, depending on the CAC workload and other factors. Registrants can do it themselves or usually involve an attorney. Since 2020, however, the process has lasted as long as six months in some cases.
How do I get a CAC certificate?
Business Name Registration Process
- Check availability of business names (click here)
- Upload the complete pre-registration form – CAC-BNO1 and related registration documents (online using the Company Registration Portal)
- Pay the application fee and review the fees for our services here.
What is the primary function of a registered agent?
A registered agent will receive the documents on behalf of the business and pass them on to the appropriate person in the business. Once you have selected a registered agent, you can tell the agent who to notify whether or not you will receive litigation or other documents.
Can I register a company on behalf of someone else?
If another person incorporates the corporation and signs all relevant documents on behalf of the incorporator and initial directors, an authorized attorney and certified copy of the identity are required. If the name was reserved prior to filing the incorporation documents, a valid name reservation document is required.
Should my business and LLC have the same name?
The LLC name does not have to be your business name or match your website name. Your LLC name is your company’s corporate name, while your business name is your brand name to the marketplace for your customers.
Does your logo have to match your business name?
Again, you cannot register a company that incorporates a logo because the company name is a name and the logo is an image. This does not have to match, as a trademark is very different from a company name. They can match, but do not have to.
How long does a trademark last?
Federal trademarks last for 10 years from the date of registration and are subject to 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.
How do I patent a name?
How to register a business name as a trademark
- First, determine if the trademark is right for you or if you need to pursue another avenue.
- Next, you will need to select a mark to file with the United States Patent and Trademark Office (USPTO).
- Once you have found an appropriate trademark name, prepare and then submit your application to the USPTO.
What are examples of trademark?
What trademarks are available?
- Brand names such as Apple, McDonald’s, Dolce & Gabbana, etc.
- Product names such as iPod or Big Mac.
- Company logos, such as McDonald’s Golden Arches or NBC’s Peacock logo.
- Slogans like Capital’s “What’s in your wallet?” and slogans like Capital’s “I love it” and McDonald’s “I love it.
Can I trademark a name already in use but not trademarked?
1. can i submit a trademark that exists? Update November 12, 2020: If you are wondering, “Can I trademark something that already exists?” the short answer is “No.” Generally speaking, you cannot register a trademark for yourself if someone else has used the trademark before you.
Do I really need to trademark my business name?
Trademarks are administered by the United States Patent and Trademark Office (USPTO). There are no legal requirements to register a trademark. Using a business name can give you “common law” rights without having to formally register it.
Why should I trademark my business name?
A company’s business name is one of its strongest branding assets. And like any other business asset, it is wise to protect it. If business owners fail to do so, they run the risk of another company using the name. That could potentially confuse customers and cause legal problems.
What is the difference between trademark and business name?
The law clearly distinguishes between the two. A trade name refers to the official name of the company, while a trademark provides legal protection to the company’s brand.
How much is a trademark worth?
A trademark can be worthless or it can actually be very valuable. It all depends on the business associated with the mark.
Can someone steal your business logo?
Logo theft is a violation that occurs when one party steals or uses another party’s trademark logo without permission. This is a more specific term for trademark infringement and can take many forms. It usually involves the theft of a trademark or service mark.
How do I stop people from stealing my designs?
To officially protect your intellectual property (IP), three options include registering your trademark, registering your design, or applying for a patent.
- Protect your brand with a trademark.
- Protect your brand with a registered mark.
- Protect your brand with a patent.
What does the R in a circle mean?
The R symbol indicates that this word, phrase, or logo is a registered trademark for a product or service. If and only if it is a registered trademark, it must be used only by the owner or licensee. It must also be used only in territories where it has a valid trademark registration.
How do I know if my idea is patentable?
Inventors are encouraged to search the USPTO patent database to see if a patent similar to their patent has already been filed or granted. Patents can be searched in the USPTO Patent Full Text and Image Database (PATFT).
Should I trademark before LLC?
It is important to obtain both an LLC and a trademark, and it is best to form an LLC before applying for a trademark. Each provides different protection, and they work together to provide broad protection for your business. It is recommended that you form an LLC before filing a trademark application.
Is it better to trademark a name or logo?
Which one should I trademark? It depends. Familiarity with a logo is often more valuable than familiarity. Since logos change more frequently than names, it usually makes more sense to register a standard letter mark to protect the business name itself.
How do I know if my business name is registered?
In most states, the state business filing agency website includes an online entity name check tool. You can use the online tool to search for a business name and find out if another business is already using the name you have chosen.
How do I choose a logo for my company name?
Because the relevant part is so important, accidentally forcing two unlikely names can result in a brand wreck. Name your business the right way
- Keep your business name simple. Your customers are your top priority that you focus on.
- Use emotion to create connection.
- Don’t confuse your business name.
What do you do if someone uses your business name?
If you discover that another business or individual is using your business name, you can file a civil lawsuit against that business or person. In the lawsuit, you must show that you have used Commerce’s trademark.
Can I register a business name and not use it?
If you register your business name with Company House, it is protected by law and cannot be used by other businesses. Trade names do not receive this protection. This means that if someone wants to register your trading name as a limited liability company, they can do so and demand that you stop using it.
How can I avoid imitation?
Five Ways to Avoid Imitation
- Look outside your industry.
- Step back.
- Borrow ideas, not actual elements.
- Look to the past.
- Steal like an artist.
- Two thoughts on “5 Ways to Avoid Imitation”