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How to legally protect your brands
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: 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.
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.
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.
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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