FAQ 4. How do I trademark my business name?

Many clients believe that registration of their business’ name is necessary to prevent others from using it. Sometimes, registration is an important way to protect a business’ intellectual property.

Many times, however, registration is unnecessary or many even be unavailable–especially in the early stages of business start-up. Regardless of whether registration is available, however, a client should always discuss the following with their business lawyer before marketing any new product:

  • Should the business’ name or the product’s name be protected?Is the product being sold across state lines?
  • Are there any other products being sold using the same or a similar name anywhere in the same industry?
  • Is the product name imaginative or merely descriptive?What are the pros, cons, and costs of registration?

Failure to properly plan before marketing a new product name can result in expensive corrections if a competitor is already using the trademark–even in a completely different market.

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