How to name and protect name of a business.?

Answer 1

The naming of your business could be one of the most important decisions you will make. A name's originality and legal availability will create a real asset value of its own, as it becomes marketed and gains market acceptance.

The name you choose will become the focal point of all the benefits and features that relate to your business. Customers will be able to find and refer others to it in the future.

Since any names that are suggested here may already be owned by another party, I wanted to go a different route...

I suggest either hiring a name creation firm or get together with your friends and/or family and throw a "name party" & have everyone bounce some ideas around. Compile a listing of names that you like the best. Once you have that list, do as much free research as you can before you delve into comprehensive research.

I listed some links where you can do some preliminary name checking. However, please be aware that this is merely scratching the surface of what's out there.

Only comprehensive research will tell you if the name is truly available. But, these links are free & a great place to start, so I'd try them out first.

Comprehensive research consists of looking at marks that are similar in Sound, Appearance or Meaning in the pending & registered Federal AND State trademark files as well as the US National Common-Law files.

There are other sites that offer free searching capabilities in conjunction with their commercial services, so I'm not able to post those links due to the Yahoo! TOS. You'll also want to check domain names & yellow pages, so simply do a search for "free domain name search" and "national yellowpages" and the appropriate links will pop up.

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.

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

Answer 2

You need to first search the name on the US patent and teademark website. If there are no trademarks issued for that name, you can then apply with the office on line for trademark protection of the name in your industry. It will take up to 18 months for the office to issue you a trademark, however, you may use the "TM" on the name until it is registered, and you are protected from anywone else trying to register the name after the date of your filing.