Naming a business can be a creative challenge, but it’s worth the time to really explore potential names to maximize trademark protection and ensure that your name helps rather than hurts your business. For one, you want to make sure you’re not using another company’s trademark. Not only will it expose you to legal action, but changing business names can really set you back in terms of getting recognized by customers. And by not trademarking your name, you risk having your brand diluted by other uses of that name. Why You Should Get a TrademarkThe U.S. Patent and Trademark Office (USPTO) defines trademark as a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Together, they may be referred to as “marks” generically. How to get Trademark Protection
Choose a Unique NameChoosing a distinctive name that conveys what your business does without using generic terms can be very difficult, so here are a few ideas to get you started. Keep it simple : ideally, you want your name to be as simple as possible, especially if you plan on making a website with the name. You want to create a name that is simple to remember and potentially simple to type as well. Try to avoid making long, complex names and avoid using any easily misspelled words. Make it unique : this is the real challenge for most people when naming their business. You want your name to be unique, because the more unique it is, the more likely you are to receive trademark protection and avoid any potential infringement claims. On the other hand, you want it to relate in some way to your business and to tie in to whatever it is you are offering, which typically involves keywords that are not unique at all. Striking this balance is the essence of finding a good name for your business. Make a list of existing businesses that you respect and see if they seem to have anything in common. Maybe they’re all fanciful names, or maybe they’re all more conservative names – either way it will give you an idea for what kind of name you prefer. Finally, don’t choose anything too trendy, since your business name will still need to sound good in twenty years. Trademark and Business Lawyer Free ConsultationWhen you need legal help, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
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