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"So you\u2019ve started a business, or &amp;quot;launched a startup&amp;quot;, congrats! But is your brand protected?\r\n\r\nNothing represents your business more and sets the stage for all that follows than your company name.\r\n\r\nMost business owners and entrepreneurs know full well the importance of the company name. But what about protecting this valuable asset? How well do you understand trademark law? It\u2019s not the most glamorous part of running your business, that\u2019s for sure. Yet, when it comes to your company name, a few proactive steps can go a long way to protecting your business.\r\n\r\nWhether you just started a business, are considering launching one, or have been running a successful business for years, here\u2019s what you need to know:\r\nRegistering a name with the state\r\nWhen you incorporate, form an LLC, or file a DBA (Doing Business As) for your new business, you are registering your business name with that state\u2019s Secretary of State. Once your application is approved, the business name is yours (and yours alone) to use within that state. This means that no one else can open a business in your state with the same name; yet, it doesn\u2019t offer any kind of protection in the other 49 states.\r\n\r\nLet\u2019s say you\u2019re starting a business that\u2019s physically tied to your location and you never plan on expanding into other states. In this case, registering your name with the state might be enough brand protection. However, if you\u2019re planning on conducting business outside your state, or on the Internet, you should consider trademark protection.\r\nTrademark Law 101\r\nTrademarks are managed by the U.S. Patent and Trademark Office (USPTO) and can be a word, phrase, symbol or design (or a combination of any of these) that identifies and distinguishes the source of the goods of one party from those of others. Trademarks have value and can be sold as corporate assets.\r\n\r\nThere\u2019s no legal requirement mandating you trademark your business name. In fact, you can have \u2018common law\u2019 rights to your business name without formally registering it with the USPTO. Of course, trademark law is complex and registering a DBA in your state or printing out business cards doesn\u2019t automatically grant you common law rights. In general, in order to claim first use to a name, the name has to be \u201Ctrademarkable\u201D and in use in commerce.\r\nThe benefits of a trademark\r\n\r\n\r\nBy registering for U.S. Federal Trademark protection, you\u2019ll be eligible for several benefits, including:\r\n\r\n\tTreble damages in some cases of infringement\r\n\tThe right to use \u00AE in your trademark\r\n\tA streamlined process for securing your domains and usernames at social sites like Facebook, Twitter, and YouTube\r\n\tSignificantly stronger protection than \u2018common law\u2019 (a.k.a. unregistered) marks. This can make it much easier to recover your property, like if someone happens to use your company name as their Twitter handle.\r\n\r\nRegistering a trademark\r\nBefore submitting an application, you should perform a trademark search to make sure your proposed mark is available. First perform a free online trademark search to check availability. If that preliminary search shows the mark is available, follow up with a comprehensive trademark search that scours local databases, common law, and county registrars. Why? If your name turns out not to be available, your trademark application will be rejected right away \u23AF meaning you\u2019ll lose your application fee and all the time invested in the application.\r\n\r\nAs for fees, it\u2019s approximately $325 (for online filing) per class that your mark falls under and the process can take anywhere from 6-12 months once you submit your application.\r\n\r\nWhile this process is more involved than registering a DBA, rights to your name will be enforced by both federal and state governments. And this can save you a ton in legal fees down the road.\r\n\r\nChepko Danil Vitalevich, filmfoto via shutterstock"^^<http://www.w3.org/2001/XMLSchema#string>
<http://thenextweb.com/entrepreneur/2012/03/20/youve-started-a-business-but-is-your-brand-protected/>