{"id":5065,"date":"2016-04-04T10:47:54","date_gmt":"2016-04-04T15:47:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/trademark-rights-and-business-names.html"},"modified":"2024-05-22T21:52:25","modified_gmt":"2024-05-23T02:52:25","slug":"trademark-rights-and-business-names","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/trademark-rights-and-business-names.html","title":{"rendered":"Trademark Rights and Business Names"},"content":{"rendered":"\n
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Trademark Rights and Business Names<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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Finding the right name for your business is very important for branding and identity, particularly for those in a crowded field hoping to stand apart from the crowd. But simply finding a catchy and unique name is not enough, since it may cause confusion with another business (even if that business is in a completely different line of work) or expose you to legal trouble. Aside from legal challenges by similarly named businesses or products, changing your company’s name (and Internet address<\/a>) after launching can undo all of the hard work you’ve invested into brand awareness and marketing.<\/p>\n

Specifically, you want to make sure that your business name does not infringe<\/a> upon the trademark rights of another party. Conducting the necessary research and care into choosing a business name now can save you from stress and loss of business down the road.<\/p>\n

Below is a list of best practices with respect to trademark rights and business names, divided into "do’s" and "don’ts." Learn more at FindLaw’s Trademarks<\/a> section.<\/p>\n

THE DO’s<\/h2>\n

Do <\/i><\/b>ask your attorney to perform a thorough trademark search<\/a> in order to determine that no other business is already using the name of your business, products, or services.<\/p>\n

Do<\/i> <\/b>register your trademark<\/a> in order to get the most protection for your trademark rights.<\/p>\n

Do<\/i> <\/b>be on the lookout for other companies, products, and services that are or might be using the same business, product, or service name as yours.<\/p>\n

Do<\/i><\/b> also watch for names that are confusingly similar to yours<\/a>.<\/p>\n

Do<\/i><\/b> contact your attorney if you are aware or suspect that another company may be infringing on your trademark<\/p>\n

Do<\/i><\/b> ask your lawyer to contact possible infringers and ask them to cease and desist their use of your name or mark.<\/p>\n

Do<\/i><\/b> ask your attorney to monitor relevant resources in order to watch for potential infringers.<\/p>\n

Do<\/i><\/b> ask that your lawyer file a Notice of Opposition<\/a> if he or she becomes aware of a trademark application that could infringe on your mark.<\/p>\n

Do<\/i><\/b> use your registered mark exactly as it appears on your registration.<\/p>\n

Do<\/i><\/b> use your trademark on all of your business cards, stationery, invoices, advertising, signs, and packaging.<\/p>\n

Do<\/i><\/b> contact your attorney<\/a> if you have any questions about your trademark rights before, during, or after the registration process.<\/p>\n

THE DON’Ts<\/h2>\n

Don’t<\/b> <\/i>start using a business, product, or service name without investigating whether the name is already in use.<\/p>\n

Don’t<\/b> <\/i>skip the registration process<\/a> to save money, because it will cost you much more money in the long run if you are infringing on another business’s rights.<\/p>\n

Don’t<\/b><\/i> file a trademark application without your attorney’s advice and counsel.<\/p>\n

Don’t<\/b> <\/i>respond to objections to your application without your attorney’s advice and counsel.<\/p>\n

Don’t <\/i><\/b>let infringers<\/a> go unchallenged.<\/p>\n

Don’t<\/b> <\/i>respond to accusations of infringement without consulting your attorney.<\/p>\n

Don’t<\/b> <\/i>accuse others of infringing without the benefit of your lawyer’s advice and counsel.<\/p>\n

Don’t<\/b> <\/i>change your business, product, or service name without considering all of the possible consequences, which can be fully explained by your attorney.<\/p>\n

Get Legal Help with Trademark Rights When Choosing a Business Name<\/h2>\n

Intellectual property attorneys are a valuable resource for businesses of all sizes, particularly those in a competitive field and\/or strong IP worth protecting. Regardless of the quality of your products or services, loss of brand identity can be crippling for new businesses trying to get a foothold in their market. If you have questions or concerns about the name of your business with respect to trademark law, call a trademark attorney<\/a> today.
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