BakerBee7468 Posted 13 May 2013 , 3:19am
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How far have any of you gone in securing your business name other than registering it?  did you just register your name and then use it or did you trademark your name so it's yours and no one else can legally use it. I know just registering my name won't give me any protection from someone else taking it and i don't want to lose my name and have to change it because someone else went as far as  trademarking the name and i didnt. I also know that even trademarking my name won't necessarily protect me from someone trying to use it but atleast it will be legally mine to use. What's the process like for having to get your name trademarked? How long does it take? Will i need professional help  from someone like an attorney or someone to help with this process?

10 replies
jason_kraft Posted 13 May 2013 , 3:10pm
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AIMO as long as you file a d/b/a with your county and/or reserve an LLC name with your state you should be fine as long as you don't plan on selling nationally (via wholesale or selling online) and your name has not already been trademarked. The cost to file a trademark with USPTO is ~$300 in filing fees plus the cost of working with an attorney.

BakerBee7468 Posted 13 May 2013 , 10:32pm
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Thanks. I'm not going to be selling nationally, just in my city but say someone else comes up with my name or something similar either in my city/state or elsewhere in the country and they trademark theirs, does that mean i'd have to stop using mine even if i had it first?
 

jason_kraft Posted 13 May 2013 , 11:01pm
post #4 of

A

Original message sent by BakerBee7468

say someone else comes up with my name or something similar either in my city/state or elsewhere in the country and they trademark theirs, does that mean i'd have to stop using mine even if i had it first?

If your state registers d/b/a names by county, no one else can start a business with the same name in your county once you've registered your d/b/a. Other businesses with the same name can legally coexist elsewhere in your state or other states.

If someone else files a trademark, in most cases you would be protected if you can establish prior use, but there may be a legal battle if overlapping markets are involved. If you're concerned about this I recommend talking to an attorney specializing in IP protection.

CWR41 Posted 14 May 2013 , 12:01am
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Quote:
Originally Posted by jason_kraft 


If your state registers d/b/a names by county, no one else can start a business with the same name in your county once you've registered your d/b/a.

Not true... I can be Inc., and they can be LLC, Corp, Company, etc. (similar, yet not exactly the same).

jason_kraft Posted 14 May 2013 , 12:17am
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AActually it looks like a d/b/a may not even protect your name within the same county, it's not clear if an application with the same name as a d/b/a would be rejected or if the onus is on the applicant to do a search first. If you contact your county clerk recorder they should be able to provide more information.

CWR41 Posted 14 May 2013 , 12:30am
post #7 of
Quote:
Originally Posted by jason_kraft 

Actually it looks like a d/b/a may not even protect your name within the same county, it's not clear if an application with the same name as a d/b/a would be rejected or if the onus is on the applicant to do a search first. If you contact your county clerk recorder they should be able to provide more information.


No search required, they don't reject... they're approved as long as the corporate status is somewhat different.

jason_kraft Posted 14 May 2013 , 12:41am
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AFor a d/b/a filing the corporate status is irrelevant, it is just a trade name that is owned by either an individual or a corporate entity.

CWR41 Posted 14 May 2013 , 2:34am
post #9 of
Quote:
Originally Posted by BakerBee7468 
Will i need professional help  from someone like an attorney or someone to help with this process?

Yes... the last thing you want to do is to accept legal advice from a cake forum.

BakerBee7468 Posted 14 May 2013 , 9:54pm

A

Original message sent by CWR41

Yes... the last thing you want to do is to accept legal advice from a cake forum.

I don't consider this legal advice, I was just getting information about other people's experiences. Since everyone who starts a business needs a business name and has to register it, this forum is good for getting other people's opinions and that's what I was doing. I like anyone should will get help from someone in my area with things like this. Thanks anyway though

CWR41 Posted 15 May 2013 , 12:05am

You asked if you need professional help from an attorney -- I said yes.... that's my experience.

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