When it comes to protecting your business name, it pays to be proactive. Taking steps now to register your name locally, in your state, and nationally will help protect you from unauthorized use that can harm your business.
Trademark Registration
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Trademark registration: Registering a trademark is one of the most effective ways to protect your business name. A trademark provides legal protection to your brand name, logo, and other unique identifiers. With a trademark, you can prevent others from using your business name, which can help you avoid brand confusion and customer confusion.
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Conduct a trademark search: Before registering your trademark, it’s essential to conduct a trademark search to ensure that no one else has registered or is using a similar business name. A thorough search will help you avoid any legal issues down the road and allow you to register a unique and distinct business name.
You can acquire a trademark for a business name by simply using it, but you can obtain much stronger protection by registering your name with the U.S. Patent and Trademark Office. Registration provides nationwide trademark protection, prevents others from registering a similar trademark, and creates an official record that can help deter other businesses from choosing a name similar to yours.
If you do suspect that another business is using your name, it’s a good idea to consult a lawyer to evaluate your options.
This will prevent others from using it and will also help people find your business online more easily.
Stopping Unauthorized Use
How do I protect my business name from being stolen? To be sure no one improperly uses your business’s name or branding, you need to obtain a trademark. Filing an application does not automatically mean your trademark will be approved. You cannot register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business.
The benefit of relying on common law trademark rights is that it’s free. Federal, state, and local laws may provide tools you can use to preserve your rights as the business owner. Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another.
Registering your business name with the government will ensure that it is legally protected. With your registered business name, you have exclusive rights to it in your state and locality.
Proactive Steps and Legal Actions
- Register Your Domain Name and Website
- Conduct a trademark search
- Keep records of the name being used in commercial activity
If you discover that another business or person is using your business name, you can file a civil lawsuit against that business or person.
Getting your business name trademarked serves as an additional layer of protection. In case anyone conducts a trademark search, they will be made aware of your registration and move on to another name.
Sometimes, the best way to keep information secure is to keep it a secret or control how it spreads. Training your staff and increasing awareness about cybersecurity is a priority for businesses.