Do You Need to Register Your Business Name?
Provided by HG.org
When starting a business, the name is often one of the most important aspects to consider. This could become the brand of the company, and it is what customers and clients remember when they leave the building or employees after purchasing a product or service. This means that choosing the name is typically a painstaking process that takes time.
However, once this has been accomplished, the next step in ensuring the organization is legal and valid is to register the business name in the county, city and state. This is necessary, and it is required by law. The only exception is when one specific person owns the company through a sole proprietorship.
It is important for the public to know the company behind the owner. Registering the name also prevents others from using the exact same wording. However, it is possible that a legal battle may occur over similar names that are confusing to the consumer market. Additionally, when registering the name of the company, it must be considered whether to do so throughout the United States or within just a single state where the building and products or services reside. While there is more of a presence to register with the entire country, there may be certain stipulations or extra pricing to consider.
Register and Protect the Business
There are three key different paths to take when registering the business name and protecting it from competitors. The easiest way to register is through a Doing Business As filing with the state the company resides within. This is also a Fictitious Business Name and is used frequently by sole proprietors so that a formal entity does not necessarily have to be created to include a corporation. This means that if someone wanted to run a company with their own name, they could do so with an example of Computers by Peter for a Peter that fixes computers at a shop or from his own home. This lets the public know it is a company and that the person running the business is listed.
It is important to create a structure that is official for the business. When creating an LLC or corporation of any kin, this action registers the company with the state the filing was completed within. However, before this is finalized, the state researches to determine if anyone else has the same name or one that is similar. After the application is approved, no other organization is permitted to take the same name in this state. There are not brand protections that come with this in any of the other states in the country. When only one location is necessary for local business, additional protection may not be necessary. However, when an expanding project for the rest of the United States is wanted or needed, if a presence online is possible or if products or services will be sold throughout the nation, brand protections through trademarks are usually needed.
Trademarks, patents and copyrights assist the businessman or businesswoman with keeping certain aspects of intellectual property protected legally. The United States Patent and Trademark Office must be the source for applying for these, and the documents, works, products and services and similar items may be protected legally through obtained intellectual property safeguards. This process permits the owner to seek legal action against violators or those infringing upon the rights of the owners. A remedy or compensation may be acquired in this manner. This creates a brand when using a trademark, and it may extend to content and information provided by the website. Additionally, reproduction or copying specific items of the company may see legal action against by the perpetrator.
Infringements of legal protections such as registered names, trademarks and trade secrets often impact the business negatively to a degree that a remedy is necessary to resolve the matter. The time and cost of obtaining legal safeguards for the business are enough that legal action becomes imperative. Violators are taken to court and may be liable for damages with are usually explained through an expert witnessí assistance. A lawyer generally assists with these procedures and helps a judge or jury understand that compensation is often necessary.
Legal Help with Registered Business Names
After it has been determined that the business will be created, a lawyer should be hired to assist with documentation, transactions and all possible legal matters. When utilized properly, this legal professional may assist with registration around the country, violations to intellectual property and other complications that arise through the use or reproduction of a registered business name.
Read more on this legal issueUnderstanding the Differences Between Corporations, LLC's, and Partnerships
Fighting Misappropriation of Name or Likeness
Difference in Domain Names, Trademarks and Business Entity Names
Blocking a Competitor from Using a Similar Name
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.