{"id":5068,"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\/trademarks-and-business-names.html"},"modified":"2024-05-22T21:54:05","modified_gmt":"2024-05-23T02:54:05","slug":"trademarks-and-business-names","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/trademarks-and-business-names.html","title":{"rendered":"Trademarks and Business Names"},"content":{"rendered":"\n
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Trademarks and Business Names<\/h1>\n
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\n By Taylar-Simone McCants, J.D.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When you need to blow your nose, odds are good you don’t grab a "tissue" but rather a "Kleenex." And when you want a sugary brown soft drink to wash down that cheeseburger, you’re more likely to ask for a "Coke" or a "Pepsi" than a "cola."<\/p>\r\n

Established brand names can eclipse competitors. Their product name then becomes the default term for the entire product category. While the success of brands such as Kleenex, Coke, and Band-Aid is extraordinary, they illustrate how important it is to create a memorable brand name<\/a>. For that brand to stick better than a generic bandage, you’ll want to protect it as a registered trademark<\/a>. The United States Patent and Trademark Office (USPTO) oversees the process through its Trademark Electronic Application System (TEAS).<\/p>\r\n

Trademarks and business names are not always the same. It’s pretty common for a business to brand itself under a fictitious business name<\/a> or trademark instead of its official name. For instance, Kimberly-Clark Worldwide Inc. owns the Kleenex brand.<\/p>\r\n

This article provides an overview of trademarks and business names. Use the links and resources to help you make the right decision for you. See FindLaw’s Trademarks<\/a> section for related resources.<\/p>\r\n

Trademarks and Business Names: Getting Started<\/h2>\r\n

Suppose you’re an entrepreneur or a startup creator. You want a business name that resonates with your target market. Maybe you have a sole proprietorship and are looking for a DBA<\/a> ("doing business as") that does the same. Either way, you’ll want to research and ensure the name is available.<\/p>\r\n

Searching for similar names before picking a name for your business is key to avoid potential infringement. With a new business, you must be aware of the nuances of the trademark process. This includes the filing fees, which trademark symbol to use, and more. The links below will help answer those questions.<\/p>\r\n