Branding Strategy - Is Your Business Name Protected?
BrandWise Home Contact Us Client Login Using strategy to design and build stronger brands - get BrandWise

Follow Brandwise:

Subscribe to our blog by Email

Your email:

Try the Inbound Marketing Calculator

inbound-marketing-roi-cta

Inbound Marketing
ROI Calculator

Sign up for the Brandwise email Newsletter

Brandwise e-Brand News envelope image

Sign up for your free
BRANDWISE eNewsletter.

Browse by Tag

Branding Tips to
Increase Sales

Current Articles | RSS Feed RSS Feed

Branding Strategy - Is Your Business Name Protected?

Posted by Dale Berkebile on Tue, Jul 21, 2009
 

A business name is often fundamental to its branding strategy. A lot of time, money, and thought can be expended while creating that business name. An often overlooked aspect of this process is protecting the business name when it is desirable to do so. Business owners frequently believe that because they have formed a business entity with that new name or filed an assumed name certificate that they are lawfully permitted to use the new name in their branding. This is an incorrect belief and may lead to problems in the future. The new business may need to change its branding or compensate another business for the damage to that business' brand.

The standards and requirements for a state permitting a business name to be used is different than the standard for granting a trademark registration. A business may be formed for tax, legal, securities, or other many other non-branding purposes. A business name used for those purposes is not used for branding and not generally publicized and warrants a lower standard in registering that business name. Contrast that scenario with a business name which is explicitly used in advertising and in connection with sales of goods and services to consumers. In that scenario, the business should analyze its trademark issues. Thus it may be prudent to perform a search and submit a trademark application on the new business name.

 

This article was written by a strategic business partner of Brandwise.

John Lindsay is an intellectual property attorney focusing on patent, copyright, trademark, and technology law for startups
and small businesses. He can be reached at 214-736-4306 or john@StartupIPServices.com. His website is
www.StartupIPServices.com.


Brandwise RSS button


Tags: , ,

COMMENTS

What is the average cost to obtain a business name trademark? If I file for a business name at the county courthouse, does this provide some protection from others that might try to use that business name? 
 
Thanks, 
Don

posted @ Saturday, September 12, 2009 10:25 AM by Donald Wyrick


Don, thanks for your post. The cost of a business name trademark depends on several things. The first is do you already have a solid name that is going to position yourself as a leader in your industry. If not, you will obviously want to hire a company like Brandwise to help you develop a name and a logo for your company, product or service.  
 
The next thing would be talking to an Intellectual Property Attorney like John Lindsay (the writer of this article, see his contact info above). The IP Attorney can help you with some of the research and the actual filing of the name. Before we throw a price out, we would like to discuss your specific needs and find out where you fall in the process. 
 
As far as filing at a county courthouse, this is something every business should do. It may provide a little protection, but this is not the same as a formal trademark. To start maybe you file at the courthouse and add the "TM" symbol at the end of your name or logo. This will help a little more, but you still will need to go through the formal registration to fully cover yourself.

posted @ Sunday, September 13, 2009 2:49 PM by Dale Berkebile


I would like to add a couple of minor details. First, even though we are using the phrase "at the courthouse," the location where the name of a business entity is filed may vary. Limited liability companies, partnerships, corporations, proprietorships, and assumed names may not be filed at the same location. Thus, the "courthouse" where business names are filed can vary. 
 
Second, to answer your question, filing that business name provides some limited protection, though it may not be desirable. Depending on where the business name is filed, that "courthouse" may not permit subsequent businesses from using that same name. Thus some protection is afforded from other entities seeking to use the same name who file at that same "courthouse." 
 
However, one of the deficiencies in relying on that form of protection is that one business may file a business name at the county "courthouse" and a second business may file with the state "courthouse." This is one aspect of the limits of using that approach as protection. 
 
To illustrate the difference in use of a business name versus branding, think of "AMR Corporation" and "American Airlines." AMR is the holding company for American Airlines. Except Dallas/Ft Worth residents and financially savvy people, not a lot of people know about AMR. However, most people know the American Airlines name because "American Airlines" is part of the branding to the end consumer and has a separate use and value than "AMR."

posted @ Tuesday, September 15, 2009 5:47 PM by John Lindsay


Comments have been closed for this article.

free-sales-webinarsign-up-today

improve-sales-assessment

Create strong brands by following the tips in this eBook!

Learn to Stand Out in a crowded marketplace eBook download - button

If you are looking to Stand Out in a crowded marketplace by building a strong brand, then this is the eBook for you.

 
What the eBook offers
  • ideas on what branding is
  • 7 criteria for a good name
  • 3 questions to answer when building your brand
  • Several other tips and tools to better understand how branding works
Click here to download the
Get BRANDWISE and STAND OUT in a crowded marketplace eBook.

Check out our latest offer!

Is your web site generating leads image
What can a Brandwise web site offer my business?
  • A way to generate more qualfied traffic
  • A way to turn that new traffic into leads for the sales team
  • A way to become an expert in your industry
  • A way to tap in to the social network (LinkedIn, Twitter, Facebook, etc.)
Get your lead generation web site today.

What's your Web Site Grade?

Review the Brandwise
website on Alexa.

Review www.getbrandwise.com on alexa.com

Competition is tough… get Brandwise image

 

Add to Technorati Favorites