How to legally protect your brands

So you're starting up your own small business. You've thought of a fantastic name, you've found a great place for your business (either physical retail space or retail space online), and so now all you have to do is design a logo, buy a sign, and you're ready to go, right? Wrong. Choosing a name and getting the legal rights to a name or a brand for your small business is much more complicated than simply thinking something up and printing it on your business cards. You need to get the legal rights to any names or brands associated with your small business, and getting those legal rights can be a pretty complicated process, especially if you're not sure what it is that you're doing.

Generally speaking, the process that involves acquiring the legal rights for a name for your business is falls into two different and large categories: these categories are:
1. Mandatory government requirements for the registration of business names
2. Optional registrations for greater comprehensive name protection than the overall mandatory government requirements

Mandatory government requirements for the registration of business names

There are several different registrations that are required by the government for business names. You must register your business name if it is your trade name or if it is a fictitious name. You must also register your small business name or brand if you are incorporating your small business.

How to register a trade or a fictitious name

Most people do not use their personal name for their business. If you are using a name other than your personal name for your small business, then you will need to register that fictitious or trade name with the government. This registration will help ensure that you do not choose a trade name or a fictitious name that is the same or too close to the name of another small business. This registration will thus help you avoid any possible legal issues and problems with other small business. This registration of a fictitious or trade name is also called a "doing business as" or "dba" name, and can be done in the majority of states at the county level. All that you have to do is fill out some forms and pay a fee. If your small business is either a sole proprietorship or a partnership, you will be required to file in this way; however, if you are incorporating your small business and it is going to be running under both the dba name and the corporate name, then you will need to also register the dba name.

Incorporating your company

When you incorporate your small business, you have to register your corporate name with the secretary of state in whichever state you will be located. Going through this process of registration will turn up any other too-similar names of other corporations. You should know, however, that this process will give you the right to use the name, but not the exclusive right, since other unincorporated businesses may be using the name as a trade name. They just don't get to put the Inc. afterwards.

Optional registrations

It's always a good idea to look up the use of a particular name in a wider area than just your county or your state. Search the federal register of trade and service marks at www.uspto.gov. If your name is available, contact the patent and trademark office to register your name as a business trademark or service mark. You will have to pay for this, but it will be worth the fee so that you can avoid costly legal problems later on.

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Small Business Info

How to legally protect your brands