Getting the right name for your business is a lot trickier than it used to be because you need to protect it against name hijackers, scammers, cybersquatting and business identity theft. Caron Beesley, a frequent contributor to the SBA blog, offers insights.
Naming your business involves several levels:
- Legal name
- โ Itโs the name you use on your bank account, tax returns and other government forms. If you are a sole proprietor, the legal name of your business is your given name, or if you are in a business partnership, it is the name youโve chosen in your operating agreement.
- Trade names or โDBAโ names
- โ If you choose to operate your business under a name that is anything other than your given name, you need to register that name with the Arizona Corporation Commission (ecorp.azcc.gov).
- Business trademarks
- โ A trademark protects your business name by providing government protection from any liability or infringement issues. First, conduct a trademark search with the U.S. Patent and Trademark Office to ensure youโre not violating any existing trademarked names.
- Domain names
- โ Your domain name establishes your presence on the Internet. Register through your web hosting provider or through ICANN registration authorities.
In the United States: To ensure your name canโt be claimed, trademark it with the Arizona Secretary of State (tinyurl.com/z24sp8x). If you are launching a national business or operating in several states, register with the United States Patent and Trademark Office (uspto.gov/trademark).
Outside the country: Consider filing with the foreign country where your business activity exists. If you have a U.S. trademark or are pending one, seek registration in any of the 96 countries that have joined the Madrid Protocol. This involves a single โinternational applicationโ with the International Bureau of World Property Intellectual Organization (wipo.int/madrid/en). Or, apply for trademark protection in the European Union via the Community Trademark System (tinyurl.com/hokcoh3).
Once you register your business name, protect it by keeping detailed records of documents and marketing materials that include your business name and by watching for intellectual property infringement. Using trademark insignias like TM, SM and ยฎ will also alert other businesses that you have claimed legal rights to your business name.
Details at tinyurl.com/hhmkqfw.
