Your Company Name is Unique – or So You Thought……

Let’s take a break from all the political Tax Talk for a bit, and discuss a subject that hits close to home for so many privately owned Companies across the U.S. At one point in time, most of you decided upon a name for your Company, and either on your own initiative, or on the advice of a professional, such as your accountant or attorney or advisor, you “Incorporated” your Company in a State and picked what you believed to be a unique and identifying name. Most likely what you did not realize was that while the name is now registered with the State of your choosing, the process of Incorporating a business does not necessarily lend itself to protect the name of your Company from use by others, and in addition, it does not protect you in the event that your name is similar to another Company operating in your geographical territory.

I have seen a tremendous increase over the past 2 to 3 years in Company “Name” litigation – most specifically with regards to Trademark Cease and Desist litigation and Trademark Infringement litigation. It is far too easy now to conduct a simple internet search and see who else is using a name that is similar to yours.

The best way to protect the name of your Company is to Trademark it. Trademarking your Company name is a fairly streamlined process, and most of the time we are able to anticipate whether someone will “oppose” the Trademark name that you are attempting to register. We typically recommend registering your Trademark with the United States Patent and Trademark Office (as opposed to registering the Trademark with your State Trademark Office).

If you would like more information on Trademarks and the process to get your Company name registered, please contact us at 618-997-3436 or check us out on the web at www.taxplanning.com.