MightyRecruiterChoosing your business name can be one of the most exciting parts of the startup experience. As with all business actions, however, there are laws and regulations that must be followed. Once you have chosen your company’s name, you will need to ensure that you are not infringing on any other company’s trademark rights. Furthermore, there are steps necessary to establish your own trademark rights concerning that name.
The Legal Realities of Choosing a Business Name
Finding the right name isn’t just about capturing the spirit of your business and making your brand distinctive. While these are important objectives, it is also important to protect your business against potential or unintentional breaches of trademark rights. If your business name could be confused with an already established enterprise, you might find yourself faced with a lawsuit that could undo all of the time and effort that you put into your enterprise. Fortunately, you can build your brand with confidence by following a few basic guidelines.
You Should Do This
The process of choosing a business name and registering it as a trademark can be complicated, but you do not have to do it alone. To get started, consider this list of things you can do to simplify the process:
• Hire an attorney with trademark-related experience.
• Have your attorney do a thorough search for trademarks that are either identical or confusingly similar to your business name.
• If your business name does not raise any red flags, register it as a trademark so that you can enjoy the benefits of trademark rights as soon as possible.
• Watch out for other enterprises that have the same products, services or name as your company.
• Contact your legal counsel immediately if you suspect another business may be infringing on your trademark rights once you have them.
• Request that your attorneys contact infringing businesses with cease and desist documentation, which tells the company that it should stop using your trademark immediately.
• Request that your attorneys consistently monitor the market for potential trademark infringement.
• Should you or your legal team become aware of trademark infringement, immediately file a Notice of Opposition form.
• Be sure to use your trademark exactly as you’ve registered it.
• Contact your attorney with any questions or concerns regarding the trademark registration process.
Don’t Do This
Now that you have an idea of what you should do when registering your trademark and monitoring that mark, it is crucial to learn about the mistakes you should avoid. Common errors include, but are not limited to the following:
• Filing your trademark application without having an attorney look over the documentation. Navigating trademark laws can be tricky, as the laws that establish the line between infringement and legal use of a trademark can be complicated.
• Officially beginning business operations without researching the use of your name, and identifying whether it is already being used by another company for a similar product or service.
• Using the registration cost as a reason to skip the registration process. The cost of a lawsuit related to trademark infringement will far exceed the cost of registration protection.
• Responding to application objections or accusations of trademark infringement without first speaking with your legal counsel.
• Failing to challenge any trademark infringement you become aware of. It is the responsibility of you and your legal team to protect your brand and your trademark rights.
• Contacting businesses who have possibly committed acts of trademark infringement without speaking to your attorney. You must first determine whether infringement has occurred and decide on appropriate action.
• Changing or adding to your business products, services or name before carefully identifying and considering potential consequences. Speak with your attorney to understand the full scope of any changes.
Researching and registering your trademark is an important final step in creating your business name. Not only will you ensure that you are not infringing on others’ rights, but you will also protect the rights and interests of your own enterprise. Don’t hesitate to contact your attorney to get started on the process of registering and/or protecting your trademark.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.