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  1. #1
    Join Date
    Aug 2011
    Posts
    2

    Default How to Reserve a Business Name by Trademarking

    I offer freelance consulting on the side, and I am registered in my home town as "My Name DBA Business Name". I have trademarked my business name with the USPTO, and it has never been used by any other U.S. company.

    I plan to makeover the business as a formal entity in the future, and I have some questions about naming rights.

    (1) My state allows reserving a business name (renewable every 60 days for a fee). Is this necessary since I already hold a federal trademark on my business name and I am the first to use it in commerce?

    (2) When filing as a corporation, my state recommends checking name availability by searching the state's corporate database and the state's trademark database. In its screening, is it common for a state to also search the PTO trademark database?

    (3) I know that more than one entity may own a trademark on the same name; for example, if the class of goods/services is dissimilar. However, my state indicates that "a corporate name may not be the same as... the name of any other existing corporation". Who is given priority when filing as a corporation?

    (4) When I am ready to file, would it be advisable to include a copy of my PTO registration certificate?

    Thanks.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Reserve Business Name by Trademarking

    Trademarks don't protect corporation names, they protect marks used in commerce. This is distinct from corporate names. Yes, you must maintain both entities. While a company my be dissuaded from forming a corporation that someone else has the trademark registered, it won't necessarily stop them. I don't think the corporation commission or whatever handles business names gives a hoot about trademarks and will not check them. They certainly don't in Virginia (you didn't name your state). I have a name that someone else has as a trademark in a different type of business.

  3. #3
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Reserve a Business Name by Trademarking

    Thanks, flyingron, for clearing up the distinction between a trademark and a business name (trade name).

    I will definitely file a reservation form with my state.

  4. #4
    Join Date
    Aug 2011
    Posts
    1

    Default Re: Reserve a Business Name by Trademarking

    thanks flyingron , its good comment, plz what about my domain name rights?

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