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.
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
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
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.
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.
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.”
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.”