Registration of a trademark can be sought on a state or federal level, depending on the scope of your company's business and its goals. The Secretary of State's acceptance of your company's organizational documents and the legal name does not create or protect any trademark rights in its trade name. Before investing substantial time, energy, and money to develop and build value and goodwill in its brand, you should do your due diligence to research and select a trade name that is available and does not infringe someone else's trademark rights.
Doing so will decrease the risk of a trademark infringement issue arising that could cause the loss of your investments in the brand, or even worse, liability to some else for infringing their mark. Finally, obtaining a trademark registration for your company's trade name can help you to expand and protect its trademark rights.
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So you did all the hard work that was necessary to get a new business off the ground. And you formed a new business entity with the Secretary of State to conduct that business, such as a corporation or limited liability company "LLC". Trademarks, Service Marks, and Trade Names Generally Trademarks may consist of words, phrases, symbols, designs, or any combination of those things, identifying and distinguishing the source of the goods or services of one party from the goods or services of another.
Trademark Rights Unlike the rules applicable to forming a business entity found in state law, the rules applicable to trademarks are found in both state and federal law.
Doing Your Due Diligence and Protecting Your Investment There is no requirement that a company conducts its business under its legal name. Conclusion The Secretary of State's acceptance of your company's organizational documents and the legal name does not create or protect any trademark rights in its trade name. Send Print Report. Attorney Advertising. Ward and Smith, P.
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Popular Courses. Business Small Business. Trade Name vs. Trademark: An Overview The terms trade name and trademark sound similar, but it's important for business owners—especially those who are in the initial startup phase—to know the difference.
Key Takeaways Trade names and trademarks are distinctly different from a legal perspective. A trade name is an official name under which an individual or company conducts business. A trademark offers companies legal protection for a particular brand, which may be associated with a trade name. Article Sources. Investopedia requires writers to use primary sources to support their work. These include white papers, government data, original reporting, and interviews with industry experts.
This is usually completed at the local level. The U. Patent and Trademark Office is the governmental agency responsible for issuing trademarks. You'll need to submit:. The process can be lengthy and hiring an intellectual property lawyer is highly recommended. Currently there are no time impediments on the use of a brand name, excluding any constraints that may be monitored at the local level. For example, if your brand and business name are the same and you forget to maintain your business name with state, your business name will become available for someone else to use.
Trademarks are protected for 10 years. They are allowed to be renewed during the fifth and sixth year after registration, and anytime during the year before expiring by filing an Affidavit of Use. There is a six month grace period following the end of the sixth or 10th year, in which the registration for the trademark may be maintained for a fee.
The identity of a business is known as its trade name. In order for you to run your business, a trade name will need to be registered with the appropriate governmental body. Essentially, when a business registers their trade name as a corporation or LLP, they are authorizing their business to run under the trade name.
The registration of a trade name does not monopolize that particular name, nor does it mean businesses are allowed to file trademark infringement cases against it.
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