I am starting a new company, so how do I make sure the name I choose will be protected nationwide?

Asked on 1/22/2009 by Douglas Quaid - Rekall, Inc.
Answered by ABC Staff

Your business name is the most basic intellectual property asset you have. It could also be the most important. Your business' reputation is tied up with its name so you don't want somebody else trading on it.

Make sure someone else doesn't have whatever name you come up with. First, check your phone books. If you don't see it, go to your county clerk's office. They have on file all the business names in your area. 

Some states require a DBA (doing business as) registration. You can do this at the county clerk's office. Some clerks, for a charge, place your DBA in the local paper for you. Most banks also won't cash your checks if you haven't registered your business name.

You can also get legal protection if you register the name as a trade mark with the United States Patent and Trademark Office. " A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of another." 

The name that you select for your company must be distinctive to receive trademark protection. Common words or phrases that are not inherently distinctive are not offered trademark protection. Examples of names that would not be eligible for protection are:

• Edna's Edibles
• Bob’s Auto
• Quick Auto Repair

However, having a trade mark doesn't give you an automatic right to a domain name incorporating your trade mark. Someone may have already registered the domain name you want for the same or different goods and services.

But you may be able to take legal action if you think:

• someone is using a domain name to pass off their goods and services as yours
• someone has taken out your trade mark as a domain name just to sell it back to you

For additional information on trademarks and applying for a trademark visit the United States Patent and Trademark office at http://www.uspto.gov.

Finally, we would suggest that you contact your nearest Small Business Administration Office (SBA) for further advice and assistance in selecting your company name. The SBA was established to assist, aid and protect the interest of small business. Logon to http://www.sba.gov to locate an office near you.

Guidelines

• You must be signed in as an ABC member to ask a question.
• Don't close the window yet! It's free to become a member!
• Be polite, use common sense and don't use profanity or offensive language.
• We cannot guarantee that your question will be answered. Whether questions are answered is soley at the discretion of ABC.
• ABC reserve the right to remove, modify or morve questions and comments at our discretion and without explaination.