Thankfully, this is a relatively straight forward process, and it can be done by following state mandated rules of incorporation. Once you’ve registered as a corporation with the Secretary of State, that name is protected and cannot be duplicated.
However, this only protects that exact business name for that type of corporation. What if you have a competitor using a different type of corporation, or a confusingly similar business name?
In these cases, the Secretary of State is not enough. You need to have a business attorney protect your namesake with the U.S. Patent and Trademark office.
What is the difference between a trademark, copyright and patent?
Trademark (also known as ‘service mark’) is any word, symbol, phrase or design that acts as a distinguishing mark for a good or service, that sets it apart from the goods or services of others.
Trademarks will usually protect your business or brand name, as well as logos and product specific collateral.
Copyrights protect original artistic and literary work.
Patents protect the production and features of a product itself.
Trademarks will protect your brand.
If you name a pool cleaning business, “Fire Spartan Pool Cleaning, LLC” but fail to trademark it, there would be nothing stopping another national cleaning business from creating and operating Fire Spartan Pool Cleaning, Inc in your same service areas.
As always, the information provided on this blog is a courtesy and should not be construed as legal advice. Serious matters like trademarks should be discussed with a licensed business attorney before making any decisions.