A business name is one of a company’s most important branding tools. It communicates your brand message, sets you apart from the competition, and is key to building brand awareness.
Although most states do not require registering a business name, it’s a great idea to do so for several reasons.
It Gives You Legal Protection
The name of your business is one of the most valuable assets you have. It represents all your positive brand equity, history, and services and can differentiate you from similar businesses in the market. Therefore, you should care for it just like any other asset.
In some states, simply registering your business name will give you the legal protection to prevent another company from using that same name. However, that kind of protection only applies to your geographic area. For example, if you run a local pet-sitting service business, it may be fine if a company in the same state also uses the same name.
Trademarking your business name will offer you a more comprehensive level of protection. This will not only prevent other companies from using your name, but it will also allow you to enforce your rights against them if they do so. The process is fairly straightforward and can be done with the help of an attorney. This is an important step in protecting your name as you expand.
It Protects Your Brand Identity
Your name is more than just a business identifier when starting a new business. It’s a brand identity that promises a specific experience for your customers. This is why it is so important to register your business name and protect it with trademarking.
Choosing a name that reflects your brand and is unique to stand out from the competition is essential. It would help if you also used consistent branding with your company logo, fonts, and colors to develop customer recognition for the brand. This is how brands like Nike become instantly recognizable when someone sees the swoosh on a pair of sneakers or a t-shirt.
Once you have chosen the perfect name for your business, register it before starting operations. Depending on your business structure and location, this may be required to meet state laws. If your business uses a name different from its legal entity, you should also register this fictitious name as a DBA or doing-business-as name (sometimes called a trade name). This is necessary to avoid confusion with other businesses registered with the same or similar name.
It Protects Your Intellectual Property
Your business’s intellectual property consists of your ideas and inventions. These assets have great value and help set your company apart. Intellectual property includes your business name, brand identity, and other confidential information. It’s important to protect your intellectual property, including registering it.
Registering your business name offers protection at the state level. The process varies by state, but you’ll typically need to file an article of organization, operating agreement, and fictitious name registration. You may also need to trademark your business name to make it more secure.
Many entrepreneurs use their names in their business titles to build a more personal connection with customers. This is an excellent way to connect with clients and gain a loyal following, but it can be risky. Using a personal name can confuse consumers and even violate copyright laws. It’s best to speak with an attorney specializing in small businesses and intellectual property to run a name search and help you file for a trademark, if necessary.
It Prevents Other Businesses From Using Your Name
If another business already has a trademarked name and you don’t need to use yours, it can confuse consumers. This can lead to confusion about your brand, ultimately hurting your business. It can also make it harder for you to access certain operations, such as credit and wholesale accounts, that require proof of registration.
Some small businesses use their names because they believe this connects with customers more personally and helps build customer trust. However, this is only sometimes practical and can cause legal issues. Consider registering a trade or fictitious name depending on how your business is structured.
When selecting a name, check your state’s database to ensure the name you want is available. You should also search the U.S. Patent and Trademark Office’s trademark electronic search system to see if the name you want is being used as a registered trademark. If it is, you’ll need to get the owner of that name to agree to a licensing agreement with you.
It Gives You a Credibility
Besides the legal benefits, registering your business name can also help you gain credibility. This shows potential investors and lenders that your business is legitimate and committed to succeeding. This can help you get loans and other types of financing.
When choosing a business name, make sure it is available for registration in your state. You can check this by visiting your state’s website and checking the database for business names. You should also check the federal trademark databases to ensure you don’t infringe on any existing trademarks.
Once you have registered your business name, it is important to incorporate it to create a separate legal entity. This will help you avoid personal liability if your business faces financial problems in the future. It will also enable you to open a corporate bank account and demonstrate that your business is an established firm. As customers become savvier, they increasingly prefer doing business with companies that have been around for some time. This is because they have a reputation to uphold.