As a trademark attorney I often try to come up with good ways to explain the intricacies of the law to my clients. Whenever I work with a new trademark client we discuss ideas for naming their business and potential problems they might have in using a trademark and obtaining a registration. There are lots of things to consider when naming your business including the marketing, design, style, and legal aspects.
Also, I am currently expecting my first baby. As my husband and I consider different name options for the baby, we have had to look at each possible name from many different angles. Does it flow with our last name? Is there any significant meaning in the name? Do we both like it? How about the middle name? Should we consider family names? How does it sound in Spanish (my husband is from Honduras)? Our considerations go on and on. Everyday it seems like there is another thing to consider.
Picking a business name is a lot like picking a baby name. There are many different perspectives from which you have to evaluate the name. Business owners have to consider the marketing and design elements, their own personal feelings about the name and what they want to portray to consumers. Also, business owners have to consider whether their name is available for use and registration. You wouldn’t use your best friend’s baby name for your baby, you can’t use someone else’s trademark for your business.
Unlike naming your baby, naming your business without first clearing the name through a trademark attorney could result in serious legal, financial and business consequences. US Trademark law protects the rights of those who first use a trademark in commerce and obtain a trademark registration. A trademark lawyer can provide you with a clearance search, advice about trademarks, and help you file an application for trademark registration with the USPTO. We often help clients that have tried registering their mark with an online automated system.
Too often, clients come to us with trademark applications filed through automated services like trademarkengine.com or similar services. The price for such services looks too good to be true because it is. A trademark attorney with years of experience dealing with the Trademark Office can help you identify problems that you did not know existed. In most cases, it is important to identify these issues as soon as possible. Being forced to change your business name after a year in business is often a death sentence to a young company.
Unfortunately, we can’t help you name your baby but if you have any questions or want to schedule a consultation with a trademark attorney please Contact Us.