How Do I Register A Business Name So No One Else Can Use It

A "Mompreneur", a mom who is also an entrepreneur, recently asked how she can lock in her business name so that no one else can use it. She is in the early stages of starting her business and isn't set up to have a sign on the door or even a website.  She had many, many questions regarding her logo, her business name, other business names and logos, which basically came down to how she can create the brand she's visualized without legal ramifications.

While answering her questions, nosotros realized these may be common questions that start up entrepreneurs and new small business organization owners inquire.  We decided to share both her questions and our answers in this weblog for your reference.

Note: Our Mompreneur's anonymity is fully protected.

Question: I know what my business will be about. I accept a name picked out and ii design ideas but I wonder:

1. Does it brand a deviation that the name I want is used in a different industry? Tin can I withal employ information technology?

2. Ane of the designs looks like to a design used past a foreign visitor overseas. Can I nonetheless apply it?

3. How can I lock in my business proper noun so that no ane else tin can use it?

4. I'yard not set up to have a website yet, but I want to fix my Facebook Business Page. How can I reserve the website name so that others can't use it?

Answer:It sounds similar you are well on your way to starting your business concern!  Startups require much thought and it'due south great that you've started on the online branding already.  However, the order in which branding occurs is of import for legal purposes.

To properly respond your question on the business name, nosotros would need more details, such as the name you have in mind and the businesses and industries of said businesses that already apply your chosen name.  In that location are many means to respond this question and to give you an idea of what the different means might be, here'south what nosotros would typically ask:

• Have you registered a business entity for your business idea? Do you plan to? Do you lot plan on using your brand proper name as the business organization entity proper name?

  • You tin can proceed California's Secretary of State website to await upwardly your chosen business proper name and see what businesses (if any) take already registered your called business proper noun in the State.
  • The State will non allow you to register the same business name as an existingactive concern entity, even if in different industries.

• If not, practise y'all plan on registering a trade name or "doing business every bit" (DBA) fictitious business proper noun?

  • Conduct a "fictitious business name search" on your local county website (here'due south Los Angeles County) and see if whatsoever other business in your county has taken your proper name.
  • Once registered, file your DBA with the County Registrar.
  • The county will not allow you to register a fictitious business concern name if in that location is an existing one with the same name.

• Would you similar to trademark your concern name?

  • If you actually want to protect your make, and then we would recommend trademarking your business organization name and logo.  Start by searching the trademark database to see if your chosen business name is already in use.
  • You tin can trademark your desired business name even if another business is already using that name, provided they are in a different industry with dissimilar products/services.
  • You should have begun using your desired trademarks in commerce prior to registering.
  • A trademark will foreclose others from using your registered business proper noun, or names and logos that are similar to your registered trademarks. If it does non, then at least you lot will have legal "weapons" to protect your intellectual belongings.

One time y'all have the strategy down for your business, then start searching website domain names and finishing up that Facebook Business Page!

If you lot need assistance with whatever of the steps above, a good business attorney specializing in small-scale businesses and startups can help analyze your specific needs and provide insight and help. Contact ane of our experienced business attorneys!

Almost Jessica Suotmaa

Jessica Suotmaa is a Freelance Writer, Legal Assistant, and Paralegal Studies student.

Source: http://www.lumlawgroup.com/how-can-i-lock-in-my-business-name-so-that-no-one-else-can-use-it/

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