How to Protect a Company Name: The Basics for Entrepreneurs

If you’re reading this, you’ve probably named your new business. However, writing your chosen company name on paper doesn’t protect it from unauthorized use.

Brand name protection comes in various forms, from LLC creation to unique website domain names. Some methods can give you the sole rights to your business name and legal leverage if another entrepreneur uses it without your permission.

In this blog post, we’ll show you how to protect a company name. These steps will help you conduct business smoothly while promoting and enhancing your brand identity.

Form an LLC or Corporation

The most common way to protect a business name is to form a limited liability company (LLC) or corporation. Besides offering benefits such as liability and asset protection, creating any of these business entities registers your business name in the process.

There are many steps you must take when forming an LLC or corporation. One of those is filing articles of incorporation (for corporations) or articles of organization (LLCs) with your Secretary of State or equivalent. This step registers the name with the state.

You can reserve your business name for some time if you’re still preparing your formation documents. Reservation fees vary by state. Do note that a more thorough name search will be conducted to ensure your business name is available.

At the end of this process, you’ll have an official business name and a legal business entity.

File a Doing Business As (DBA)

Filing a DBA or fictitious name is the fastest way to register your business name. When you do so, you’re telling the state and the public that you’re “doing business as” your trade name.

Some states and counties require you to publish a notice in court-approved newspapers or publications to notify the public about your DBA filing. Also, they may ask for an affidavit of publication afterward. A small filing fee can be paid with a debit or credit card, money order, or cashier’s check.

If you plan to file a DBA, we advise against using your real name as your trade name. Both are considered the same when adding your company name to public records. Instead, use another business name to protect your privacy and distinguish it from your real name.

Last, DBAs are required to open your business bank account. You may also need one if you offer products or services unrelated to your business name.

Trademark Your Business Name

While a DBA allows you to operate your business under a different name, it is NOT a registered trademark. Registering a DBA in your state doesn’t guarantee that legal businesses in other states won’t compete in your market, and it doesn’t always provide legal protection.

To legally protect your business name, you must file a trademark application with the United States Patent and Trademark Office (USPTO). This guarantees that your name is unique and protects it from unauthorized use.

How to Trademark a Business Name

Trademarking a business name involves the following steps.

1. Determine whether a trademark is right for your business. If you use a brand name and logo for your products or services, you’ll need a trademark.
2. Prepare for your trademark application. This step entails:
   1. Choosing the appropriate mark for your business
   2. Determining your mark format (a standard character mark, a stylized or design mark, or a sound mark)
   3. Identifying the products and/or services that need your chosen mark
   4. Conducting a formal trademark search
   5. Knowing why you’re trademarking your business name
   6. Determining whether you need a trademark attorney to help you apply (Businesses outside the United States must work with one during the application process.)
3. Prepare and submit your application. You can file a trademark application via the USPTO’s Trademark Electronic Application System (TEAS).
4. Work with the assigned USPTO examining attorney.
   1. After the bureau receives your application, it’ll give you an application serial number and send the application to an examining attorney.
   2. The assigned attorney may send you a letter of refusal or request minor corrections.
5. Receive an approval or denial letter from the USPTO. Approved marks will be published in the bureau’s Official Gazette.
6. Maintain your registration if it’s already approved.

What are the Benefits of a Trademark?

Legal matters aside, a trademark is one of the most valuable marketing tools available. It helps consumers distinguish your business from competitors. Think of brands like Coca-Cola and Nike—we easily recognize their business names and logos.

Additionally, trademarks make it easy for customers to find you and for you to engage with them. Whether they’re used on social media accounts, a website, emails, printed materials, or storefront signage, trademarks offer instant recognition in a sea of competitors.

Register a Unique Domain Name

Entrepreneurs can now market their products and services online. However, if you’re launching a company website, some opportunistic individuals can create similar web pages. These sites could attract your target market more than your business does or offer the same products or services but with unsatisfactory results.

With a registered, unique domain name, you ensure that your website reflects your business’s vision, mission, and values. Protecting your business name through this approach might encourage others to use it for deception, yet it can lead your target customers to your company or ease doubts about your venture.

In Conclusion

Protecting your business name is crucial in a competitive marketplace to gain credibility and customers while giving your business a unique identity.

As you just read, there are several approaches to protecting your business name. Still, the best and most secure way is to form an LLC or corporation. Nevada Corporate Headquarters (NCH) has been forming new businesses for over thirty years.

Contact us today to get started.

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If you’re ready to turn your dream business into a reality, look no further than Nevada Corporate Headquarters. From business entity formation to accounting and taxes, building business credit, and estate planning, our comprehensive asset protection strategies are second to none. They are proven to help businesses successfully launch and grow. Contact us today and go from a business idea to opening for business.

Disclaimer: The above material has been prepared for informational purposes only, containing opinions of the provider, and is not intended to provide, and should not be relied on for, tax, legal, or accounting advice. Please consider consulting tax, legal, and accounting advisors before engaging in any transaction.