Protecting a business name is vital to stopping competitors in or out of the industry from infringing on legal rights. For instance, an owner may lose sales if another business opens using the same business name. It’s also vital in building a brand, obtaining customers and advertising goods and services.
The question for many business owners is how to protect their name and business. After all, there’s a difference between registering a business name and filing for a trademark. Many owners hire a group of trademark attorneys dallas to help them resolve the issue. However, it’s important to understand the difference prior to seeking help from an attorney.
Registering the Name of the Business with Texas
When applying to become an LLC or corporation, the state’s office requires all business names be checked for duplicates. This means an owner registering a business name isn’t registering one that’s already used. After the check is complete and the application is approved, the business name is protected by Texas law. Thus, no other business can use that name.
Of course, there’s one exception to the rule. It’s important to mention that a sole proprietorship or partnership can use the same business name in the Texas. They just can’t register with the state using that name.
Remember, the business name is only registered in Texas. An owner in New York or California can use the same name in their state. They can even incorporate the business name. That’s why it’s important to understand filing for trademark protection.
Filing for Trademark Protection with the Federal Government
A trademark is any design, symbol, word or phrase that identifies a company and/or product from another. This means the product or service can be distinguished from other products and services in the industry. A trademark can also be a combination of any of the things listed above and logos, distinctive names and slogans.
Trademarks are only granted legal protection on the federal level. It’s gives a company or business owner exclusive rights granted by the U.S. Patent and Trademark Office (USPTO). This means that the owner can sue in civil court prevent anyone in any state from using the business name.
The process of obtaining a trademark for a business name takes about six to 12 months to complete. The time starts from the time of the application to when a decision is made. It is a complicated process, and a business owner will need to talk to an attorney who specializes in filing trademarks.
Trademark and Registering a Business Name
It’s important for a business owner to determine whether they are planning to take their company nationwide. If they plan to do so, it’s important to seek legal protection on a federal level by obtaining a trademark. This should be done to protect the business name from being used in any other state. Also, register the business name in Texas for further legal protection. However, it’s always best to discuss business laws with an attorney.