Should Your Business Name be Trademarked?

Business men and women often use a certain name to help ‘brand' their business and make their business easily recognizable by that name. Just a few of the well-known businesses which are easily recognizable by name include Subway, Coca-Cola and Target. A business name should always be trademarked, and there are a few important reasons why.

Protecting Your Business Identity

When an individual trademarks a name, they are essentially protecting their business identity, which ensures that no one else can use that business name and sell the same or comparable products or services. This is extremely important for several reasons. When you spend a lot of time and money building up your brand and creating recognition for your business, you don't want another individual to be able to come along and capitalize on that brand.

Using the named companies above, if an individual opened a sub sandwich business and called it Subway, it could confuse customers into thinking they were getting actual Subway meals when they were not. Just by this individual using the name ‘Subway,' he would be attracting customers to his business – customers that the real Subway company worked to attract.

By trademarking your business name, you protect your business identity and the work you went through in order to brand your business and create recognition.

Protecting Your Profits

Obviously, businesses are functional for a few different reasons, including to help a need within a customer base and to make a profit. If you don't trademark your business name, you're not protecting your profits. Another individual could easily capitalize on your business name in an attempt to piggyback off of the work that has been done to your company and within your customer base.

However, if your name is trademarked, you can quickly let the infringer know that your business name is trademarked and that there will be serious consequences if he or she does not cease and desist from using your trademark. In fact, that same infringer could be required to pay you damages equal to the amount of profit he or she made while using your business trademark.

By getting your business name trademarked, you can save yourself a lot of time and money that could potentially be used to fight a trademark infringer – and there is always the possibility that you could lose the fight. That would be a detrimental blow to your company and your profits.

You can get your business name trademarked easily, but it's always advisable to speak with a trademark attorney. He or she can determine whether it's safe to trademark your company name and that no one else has already done it. They can also guide you in the right direction for protecting your company identity and profits.

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