Business Name FAQ

What's in a name? A great deal, as any businessperson knows.  Here are answers to some common questions and concerns regarding selecting a business name and legally registering it with the state.

What is a trademark?

Trademarks, sometimes called simply "marks," are symbols, phrases or words that are used to promote and identify a particular service or product.

A person or business who has chosen a trademark (or "service mark" as such symbols are technically know when they refer to a service rather than a good) registers for ownership of that trademark.

They then have specific rights in federal as well as state law. Generally speaking, they have the right to use that symbol, word or phrase to promote their product or service and to prevent other businesses or persons from using their own or confusingly similar designs or marks.

American Idol, for example, has a trademark on the blue oval with the American Idol logo, and any radio station, school, or non-profit running a "Dixie Junior High Idol" has to avoid the use of the trademarked blue oval, or risk legal action from American Idol.

When choosing a business name, you'll want to conduct a trademark search to be sure that your chosen name doesn't infringe on anyone's trademark.

• Do you need assistance regarding business and corporate laws? If so, contact an experienced Business Lawyer in your area today!

What is the Legal Name of My Business?

Technically, the legal name of any business is the official name of the person who is on record as owning that business. For sole proprietors, the legal name of the business is the owner's legal name.

In a partnership, the legal name is the last names of the partners unless the partnership agreement specifies a different name for the partnership. If so, the specified name is the legal name.

In the case of an LLC or an incorporated business, the legal name of the business is the name that was registered with the state when filing for a business license.

What kind of business name is most successful?

There's really no set formula for picking a business name. There are, however, a number of things you should consider when settling on the nomenclature that will define you, your business and your style for the next several decades.

 Take the following ideas into account when deciding on a name:

• Is it distinctive? If you sound like every other web design firm in the city, no one has any motivation to look at you twice.
• Is it memorable? You want your company name to stick in someone's head when they need your services again.
• Is the spelling and pronunciation intuitive? If someone's trying to find you online or in the phone book, that cutesy spelling may not be an asset.
• Does the name tie in with the services or products you provide? You want your customers to easily make the connection, not have to figure out a pun before they understand your business plan.

How Do I Know if Someone Else Has Used the Business Name I've Chosen?

There can only be one business with each legal name on record in a particular state.

Now it is possible to do Internet searches for names and trademarks. If anyone else has used the same or similar name for their business, you should choose a new name.

• Do you need assistance regarding business and corporate laws? If so, contact an experienced Business Lawyer in your area today!