How do I protect a name for a business I want to start?

Question

I want to start a business to coordinate activites for singles in my city. I'd like to use the name of the city in the business name, and I am considering a website. I see that all of the names I thought of are taken with .com. I am not sure how to proceed from here.

Answer 1

To protect a business name within your industry, you would apply for a trademark.

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

You must check for a business name that someone else has not already registered as a corporation with your state's Secretary of State , or Director of Corporations (different states use a different name for this office which files articles of incorporation, and controls the laws of corporations in that state.) This includes those that may have filed a Federal Registered Trademark or Servicemark with that name.

If the state has no listing for the name you want to choose, you still must check what is called the "Fictitious Business Names" Filings for your county in which you wish to open the business. If no one is currently using that name for a business, you can file your own papers and set up the business within that county, after you probably get a business license and pay a tax or fee for the registration. (It will list the name of the business as the legal owner , and the fictitious name ( for example, "John Smith dba (doing business as) The ABCD Store ".

If you check, and find no listings in the phone book, or business listings, or corporate filings and fictitious business filings, then you can use the name. If somebody else has chosen this name, but for ANOTHER business, that has nothing to do with the type of business you want to run, you might have some rights to usage.

Usually, there is nothing to prohibit you using the name of the city or county, or state, in a business name, as long as it does not imply that you are an official office of the government. Thus, you can use a name, for example, like "California Tortillas" (assuming there is no business by that name), or "San Francisco Tortillas", (ditto),or "San Mateo County Tortillas" (ditto). There is no danger of anyone believing your tortilla shop is run or owned by the state or city or county.

Check with the Chamber of Commerce in your own city, and the city and county clerk's office for details in your state. They can give you pamphlets and information about how to go about this process. Other agencies, such as the US Small Business Administraiton, can give you more ideas and suggestions how to create a business plan and set up a small business.

Answer 3

First check with your state Secretary of State and see if the name you want to use is already being used in the state. Then check with your local Chamber of Commerce and they can help you develop your business plan, search for grants, etc. Good Luck.

Answer 4

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