InterviewSolution
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If I’ve Already Registered My Name With The State, Do I Still Need A Trademark? |
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Answer» When you incorporate, form an LLC, or file a DBA (Doing Business As) for your new business, this process registers your business name with your state’s secretary of state. Before approving your APPLICATION, the state checks that your name is distinguishable from all other business names registered in the state. Once approved, the business name is yours, and yours alone, to use WITHIN the state. This prevents anyone else from using your name within your state, but it doesn’t offer any kind of protection in the other 49 states. If you’ve started a business that’s physically TIED to your state (i.e. a HAIR salon or restaurant) and have no plans on expanding into other states, registering your name with the state or county might be enough brand protection for you. However, if you’re planning on conducting business outside your own state (i.e. you sell a product or you provide services and some of your clients may live elsewhere), you should LOOK into trademark protection with the USPTO. When you incorporate, form an LLC, or file a DBA (Doing Business As) for your new business, this process registers your business name with your state’s secretary of state. Before approving your application, the state checks that your name is distinguishable from all other business names registered in the state. Once approved, the business name is yours, and yours alone, to use within the state. This prevents anyone else from using your name within your state, but it doesn’t offer any kind of protection in the other 49 states. If you’ve started a business that’s physically tied to your state (i.e. a hair salon or restaurant) and have no plans on expanding into other states, registering your name with the state or county might be enough brand protection for you. However, if you’re planning on conducting business outside your own state (i.e. you sell a product or you provide services and some of your clients may live elsewhere), you should look into trademark protection with the USPTO. |
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