The name of your company may be your most important business asset—it tells people who you are and what you do.
What would you like to protect?
updated November 21, 2023 · 5min read
Your business name is one of your company’s most valuable assets. It’s a symbol for your reputation, and it’s how you’re known to the outside world. If a competitor starts using your name, you’re not likely to be happy about it.
But what if you trademark your business name? Will that prevent other businesses from using it?
The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you’ve identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court. Those are strong protections, but it will be up to you to monitor unauthorized uses of your name and take steps to stop them.
Whether you should register a trademark for your business name depends on your business's geographic scope, the type of name you have, and whether you have the time and money to file a trademark application.

A trademark identifies the source of goods or services. Business names, product names, logos and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business. For additional protection, you can register a trademark with the U.S. Patent and Trademark Office (USPTO).
If you use your trademark but don’t register it with the USPTO, you have common law trademark protection. You may be able to stop other people from using your mark, but only in your immediate geographic area. That may be good enough for a small local business, but may not be much help if you have an Internet-based business with nationwide scope.
If you register a trademark, you gain several advantages:
The numerous advantages of trademark registration have led to millions of trademarks being registered with the USPTO.
However, not all business names are eligible for trademark registration.
The USPTO will only register business name trademarks if they are distinctive and not likely to be confused with an existing trademark.
The more distinctive the name is, the easier it is to trademark.
The USPTO may also deny your registration if your business name is confusingly similar to an existing trademark. A confusingly similar name sounds like the name of another business that offers similar products or services, so that people might think they are related. For example, Omega Hair Salon and O-Mayga Beauty Shop might be confusingly similar because the names sound alike and both businesses offer beauty services. But Omega Car Wash would probably not cause a likelihood of confusion because no one expects the same company to offer both hair care and car washes.
Before attempting to register a trademark with the USPTO, you should conduct a trademark search using a trademark search service or the USPTO’s Trademark Electronic Search System to determine whether anyone else has registered a similar trademark for a similar type of goods or services.
If you conclude that your name is eligible for trademark registration, you can apply to register your trademark online. If you register your name as a standard character mark, your trademark business name will cover your name displayed in any font, color or design you choose. You can also register your name as a special character mark that depicts your name in a particular color, font, or design—but your trademark will extend only to the exact design you submit.
What if you can’t, or don’t want to, trademark a name? Your business name may still have some valuable protections within your state.
If you form a business entity such as a corporation or limited liability company, your state will not allow another business entity to be formed with the same name. If you do not form a business entity, you may still receive this protection by registering a trade name or “DBA” with your state.
If your business name is eligible for trademark protection, federal trademark registration is a fairly easy process that gives you the right to enforce your trademark nationwide and can help deter others from using your name. Registering is an especially good idea if your business operates in more than one state and you’re concerned that competitors will try to use your name.
by Jane Haskins, Esq.
Jane Haskins is a freelance writer who practiced law for 20 years. Jane has litigated a wide variety of business disp...
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