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Protect the Name of Your Business By Angelo J. Bolcato, Esq. You have incorporated your business and found just the right name. Two years later you receive a 'cease and desist' letter telling you to stop using that name because another business already 'owns' it. Or worse, the letter may offer to sell you the name you already use. A business name is a valuable piece of intellectual property. Building a good name bespeaks your reputation in the business and thus has worth to you, to your customers, and to your prospective customers. Many business owners believe that having formed a corporation or LLC protects the name of their business, making it their property and keeping others from using that name. The mere filing as a corporation or LLC does not protect the name; filing only means that no one else in the state is using the name. State and Federal Name Protection To protect a business name one should take the step of exploring state and federal name protection. You can protect the business name and a trade or service mark, as well as the URL of your web site. Your lawyer can provide you with a report listing the status of any registered state or federal uses of a name. This report will also list any common law uses, which, while not registered, may have rights to the name based on prior use. Consider where your business will operate. If the business is to operate only in New Jersey, with no plan to operate in other states, registering the name in New Jersey may be all that is needed. If the business will operate outside of the state, serious consideration should be given to registering not only in New Jersey, but also with the United States Patent and Trademark Office (www.uspto.org) . Federal registration will protect your name nationwide. If your name includes a logo or design, it too can and should be registered. A distinctive logo will not only give your organization name recognition, but will also distinguish your name from others with similar names operating in different business fields. To register in New Jersey, an application along with three samples of the name or mark as actually used by the business are submitted to the Secretary of State's Office. You can send letterhead or business cards as samples. If there are no other registered users, the application is typically approved within three months. Federal registration also requires the submission of an application and copies of the mark as used to interstate commerce. The application is assigned to a reviewing attorney at the U.S. Patent and Trademark Office and the process may take more than one year. If there are not similar uses the mark is published in the Official Gazette. If no opposition is filed a certificate of registration is issued. Clearly, a name is worth a lot. Business name protection should be addressed with your lawyer. If you would like to discuss your specific business name or other business issues, please feel free to call or e-mail Angelo Bolcato, abolcato@lcrlaw.com.
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