How to Protect My Business’s Common Name

Question: My business has a fairly common name, A-1 Lawn Care. How do I protect my name from being used by others?

Answer: You should pick your name after having your counsel conduct a full name search (which should include not just the Secretary of State’s office, but a common law and federal search) to make sure it is available. In many cases you may be able to have a computer-based company search the availability of your name for state incorporation purposes, but that does not necessarily mean it’s clear to register federally as a trademark. And once you select a name for incorporation, you will not want to have to pick another name as a trademark because of a conflict in using the name you first selected. Assuming the name is available both for incorporation purposes and trademark filing purposes, you should secure a federal trademark registration with the U.S. Patent and Trademark Office. The U.S. Patent and Trademark Office’s Web site (http://www.uspto.gov) is also an excellent source for information and filing aids.

Note:
The above should not be interpreted as offering legal advice in any jurisdiction where such practice is not authorized. Engage competent counsel familiar with your jurisdiction when legal issues arise.

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About:
Kenneth D. Morris, a Philadelphia-based attorney with more than 30 years corporate and law firm experience, offers information on industry legal issues in each issue. Contact him via email.