Your company’s name is no easy task to create. You have to think of the characteristics that you want to portray through the business, make it simple and memorable. However, securing it is another story.
Securing a name for your business has two parts. The first part is securing the exact match of your brand name as a domain, and the second, is successfully creating a trademark. This is the only true way to a robust online brand protection.
How to Secure a Name for a Business Online
Your domain name is the foundation of your sales, your image, your SEO (Search Engine Optimization), your company vision and how you express your business action to the public. There are three steps to secure a name for a business online:
- Choose a Domain Registrar
Domain Registrars are companies that are accredited to sell and manage the registration of domain names on the internet. It’s like selling names, and you buy “Jonathan” for a year. It is important to use well-known companies like Namecheap, GoDaddy, Google Domains, and others.
- Purchase many variations
Do not stop at Jonathan.com. Impersonators, scammers, competitors, may use famous other variations to harm you or compete with you. Some famous extensions are .com, .net, .org, .app. And of course, if you are aiming for international commerce, target the corresponding country extension, e.g. .uk.
- Be fast
Securing a domain name is a bidding game, and it is war. There are cases where someone bought a domain name and sold it back for a lot, like Chris Clark who bought pizza.com in 1994 for $20 and sold it in 2008 for $20 million.
So, don’t take domain names lightly. Be fast, and secure everything about your brand.
Bonus: We live in the age of social media, so make sure you have also secured the name of your company in platforms like Facebook, Instagram, YouTube, TikTok, Pinterest, etc.
Having achieved all this, and a solid business plan, you have successfully answered the “How to secure a name for a business online” hot question! Your business will be destined to growth, but then, it will get more serious.
The next step to providing exclusive rights to your business name, ensuring no one else can use it for similar goods or services, is making a trademark registration.
A Trademark Registration
A trademark registration can make your business invulnerable to infringement and disputes over your services or products.
Here’s a quick example:
Suppose Jonathan creates a local restaurant named “Salt & Pepper”. It becomes a hit, amasses great local following and everything runs smoothly. However, Jonathan never registered the trademark for “Salt & Pepper”.
Matt opens a restaurant with the same name. However, Matt registered the trademark. He also doubled on marketing and promoted his business, becoming another local celebrity.
But who is the owner of “Salt & Pepper”?
After noticing Matt, Jonathan proceeds to sue him. However, Matt owns the trademark and shortly after, Jonathan receives a cease-and-desist letter demanding he stop using the name “Salt & Pepper” forever. And thus, losing his customers.
Matt legally wins. Jonathan regrets never registering a trademark.
So, what process should Jonathan follow before Matt’s restaurant appears?
Here’s the trademark registration process Jonathan should have completed in brief:
Conduct a detailed trademark search
Use the tools that the United States Patent and Trademark Office (USPTO) has to offer to ensure your name-to-be-trademarked is not already trademarked as a first step. Also check for similar names that could lead to future disputes.
You should preferably hire a firm or attorney to do a more thorough trademark search, because a good trademark search can save you thousands of dollars if the search finds something problematic.
Prepare for a trademark application
Create a description of your goods or services, logos, designs, business name, and everything that is associated to your business. Be as thorough as possible. Then, file your application with the USPTO after paying the corresponding fee and wait for approval.
Monitor your Application & Receive your Trademark Certificate
Upon approval, you’ll have exclusive rights to use your business name within your industry.
Tip: Consult a Trademark Attorney
While you can always complete the trademark registration by yourself, the whole trademark process can be very complex. Consulting a trademark attorney will take the legal jargon from your plate and will ensure the job is properly done. For example, a trademark attorney will dig deeper, including searching for unregistered trademarks (common law rights) that could still pose legal threats.
Let’s see some of the work an expert trademark attorney will do for you.
Benefits of Picking the Brains of Experts
If creating a robust trademark is in your interest, we’re glad that you continued reading. Trademark attorneys are the most essential companions to securing your business and ensuring online brand protection in every case. Legal matters should stay with lawyers, right? But let us explore what a trademark attorney truly offers to your business’ legal security.
Strategic Name Selection
Attorneys offer expert advice to help you choose a name that’s not only trademarkable but also aligns with your brand’s identity and long-term goals. True trademark experts are honest, speaking hard truths. But this very “uncomfortable” characteristic will potentially save you from future disasters in court. Trust your attorney’s advice for your name, they’ve seen naming mistakes a thousand times.
Thorough Trademark Search
Trademark attorneys conduct comprehensive searches to identify potential conflicts with existing trademarks. In other words, their trademark searches on USPTO are not superficial. They are deep, expert research that uncovers the most hidden insights for your potential business name and associations with the existing trademarked companies. This way, it reduces the risk of disputes later on.
Accurate and Complete Applications
A trademark attorney ensures your application is error-free and compliant with all USPTO requirements, minimizing the chances of delays or rejections. Too shallow descriptions missed legal “holes”, interlapping trademarks, all these are common occurrences that attorneys have to deal with if an application is not completed robustly. The better your attorney prepares your application, the less legal trouble you will find along the way.
Ongoing Legal Support
Their assistance doesn’t stop after filing. Trademark attorneys help with responding to USPTO office actions, managing renewals, and addressing infringement issues if they arise. The trademark process never truly stops. But your attorney will be a companion that will get the stress of trademark maintenance off of your shoulders.
Wrapping things up
The road to online brand protection consists of securing a domain name fast, in as many extensions as possible, and applying for a trademark registration to ensure you are the one-of-a-kind business with that name without risking legal issues by competitors. On the latter, as legal issues are complex, a trademark attorney will prove your best ally. Patent Profiler is that type of ally you are searching for.
Entrust your security to our experienced team, and we will get our tested qualities to action for you.
Secure your trademark with Patent Profiler to see your company grow uninterrupted by court visits. Check us out!
