Have you taken these steps to protect your business name? Selecting a business name is an important step to starting your business. However, choosing the wrong business name can result in legal trouble and claims of trademark infringement. These problems can lead to lawsuits and cause you to lose the business you worked so hard to build.
Read this article to learn tips to select your business name hassle-free and without all of the legal trouble. If you would like the peace of mind of having an experienced business attorney conduct your business name search, set up your business entity, or file your trademark application, click the link below to learn how you can speak to an experienced business attorney for a small fee. https://micheledavis.wearelegalshield.com/smb/launch
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3 Tips To Avoid Legal Trouble When Choosing Your Business Name
1. 3 Tips Avoid Legal Trouble When
Choosing Your Business Name
Establishing a business name is one of the first steps to starting a business. That is why it is so
important to choose a name that not only represents your business and brand, but doesn’t land
you in legal trouble. In order to avoid lawsuits and trademark infringement, you must conduct a
thorough name search prior to registering your business name and establishing a business
entity.
While this article focuses on the steps to legally register your business name, keep in mind your
business may include other assets that could land you in legal trouble. For example, let’s say
you are a coach, course creator, speaker, or other service provider, you most likely will create
additional programs within your business. The same diligence that you use to ensure your
desired business name is safe to use is the same action you need to take for any programs you
create within your business. This includes, but is not limited to merch with slogans, quotes, and
2. images you produce as a part of your brand as well. You never want to be in the position where
you spend your time and money building a business and developing business assets only to
receive a cease and desist letter from the legal owner of the name you used for your business.
Learn Business Name Types
So where do you begin when it comes to ensuring you avoid trademark infringement and other
legal issues? The first step is to understand the different types of names businesses use.
✔ Entity Name - Your entity name is the legal name of your business and protects you at the
state level. This is the name you choose at the time you register your business as an LLC or
other entity. Your entity name also includes any voluntary assumed name (e.g., Doing Business
As also known as DBA). Keep in mind, registering your business name or a DBA with your state
does not protect you from trademark infringement or other potential legal issues.
✔ Trademark - A trademark is a name registration you make to legally protect your brand at the
federal or state level. You can register a trademark to protect a name, words, phrases, symbols,
or even.
✔ Domain - A domain name is used for websites and helps protect your brand name online.
Making sure your desired monikers are available requires you to conduct name searches across
multiple databases. You can also sign up for this Low Cost Legal Service to have an
experienced business attorney handle the name check for you. This way you’ll know that the
search was done correctly and that you’re clear to launch your business and your programs with
confidence.
Conduct Your Business Name Search
Whether you use a Low Cost Legal Service or choose to conduct your business name search
on your own, a business name search requires the following action:
✔ Search Engine Check - Conduct an initial internet search using popular search engines to
look for businesses using the name you want to use.
✔ Search State and County Websites - Search county and state websites for registered
voluntary assumed names that conflict with your name.
✔ Check Existing LLC Registrations - Check your Secretary of State’s database of existing
LLCs, limited partnerships, and corporations to ensure your desired business name is not in
use.
✔ Domain Registrations - Visit registrars like Whois.com to conduct a domain name search.
✔ U.S. Patent and Trademark Search - Complete a search on the U.S. Patent and
Trademark website for matches and state trademark databases.
3. Conducting a name search is not exactly a straightforward process. You must look not only for
exact matches but also for names that are similar and could confuse consumers. You can end
up in legal trouble even if your business name remotely resembles the name of another
company.
So if you want to make sure your business name check is done correctly particularly when you
spend a considerable amount of time and money building your business, website, and designing
and printing marketing materials, you’d be well served by having an experienced business
attorney conduct the name search on your behalf.
Register Your Name Legally
Once you are certain the name (s) you’d like to use is available, you need to register the name
with the appropriate governmental agencies and/or domain registrar.
If you’re forming an LLC or Corporation, you’ll need to include your entity name in the Articles of
Organization or Incorporation you file with the Secretary of State.
If you plan to do business under a different name than your business entity name, then you'll
need to register the DBA in accordance with the laws of the state where you plan to register
your business.
Trademark applications are filed with the USPTO for federal trademarks and typically a state
Secretary of State for state trademarks. Unless you have experience filing trademark
applications, you want to seek legal support to ensure you file the appropriate paperwork.
If you want to eliminate hours of internet research and the stress that comes from not knowing if
you registered all of your names and paperwork properly, you can get affordable legal
assistance from an experienced attorney. In addition to conducting an entire business name
search on your behalf, the attorney will handle your business formation for a one-time fee along
with any state filing fees.
The bottom line is you want your business set up correctly with the right legal protection.
Seeking out the assistance of an experienced attorney enables you to establish your business
in a way that offers the greatest protection for you and your business. While you may feel you
need to bootstrap your business starting out, you don’t want to save money today, only to lose a
lot of money, time, and possibly your business in the long run by not seeking legal advice for
business entity setup, business name searches, and trademark applications.
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Michele Davis is the Founder of New York City based Marketing Gem Solutions and
Phenomenal Boss Academy. She is a Business Startup and Growth Strategist that specializes
in helping women monetize their expertise by creating a profitable coaching program without
overwhelm and stress.