However, the business name does not need to be different from business names in other states. Other states impose strict guidelines that restrict names from being "deceptively similar" to prevent unfair competition (e.g., filing of "Transamerica Airlines, Inc." would be too similar to "Trans-Americas Airlines, Inc." that would confuse consumers on which corporation is which). Some states have very loose laws and say the name has to be unique and easy to identify (e.g., filing of "Transamerica Airlines, Inc." was acceptable even though the name "Trans-Americas Airlines, Inc." was already in existence). States have differing laws on how different the name must be from other business names within the state. The business name is limited to the state. The property rights of trademarks can be enforced by both the federal government and by the states. Trademarks are registered under the federal government through an application process that can last over six months. Due to the potential value of a trademark and the inherent property rights entailed within a trademark, the application for a trademark is much more complicated. The business name is simply that, a name, a way to identify a business, entity, or individual. There's a short answer and a long answer to this question. Is registering my business name different from filing a trademark? For example, imagine a well built car with no markings. A trademark is generally used to brand a certain good or service and has a value in of itself. A trademark on the other hand is not a name, but property. A business name is a company's officially registered name, while a trademark is a form of legal protection for that name, preventing it from being used by another business.Ī business must register the name with the Secretary of State and, as long as it is distinguishable from any other business name within the state, the business will be recognized under that business name and no other business can use that name within that one state.
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