In many cases, however, you need to start thinking about your business name nationally and globally and taking steps to protect it there as well.
There are many reasons why you will want to take steps to protect your business name, such as:
There are many upsetting situations possible with a name change. Perhaps you try to set up a website online, only to realize someone has copied your business name and has placed questionable content on the webpage associated with that name. Perhaps another business opens with the same name and you need to defend your right to use the most important brand indicator you have. In any event, taking steps now can prevent painful problems down the road as your small business grows.
To protect your business name, register your “Doing Business As” (DBA) name when you set up your company. Buy out the domain names for your exact business name as well as those close to your business name. For national protection, register your business name as a trademark. Opt for a federal trademark by filing with the U.S. Patent and Trademark Office (USPTO).
To protect your business name internationally, seek to protect your business name by protecting it under the Madrid Protocol and the European Union Community Trademark System.
Simply registering a trademark is not enough. If there is ever a problem, you need to prove you have taken steps to protect your trademark. Without active protection and use of your trademark, you may lose the right to it. To protect your trademark, keep records of all the official times you use your trademarked name in marketing. Keep an eye out for infringement and challenge it promptly. Finally, use TM, SM and ®. These markers of trademark will show others you have trademarked your business name.
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