Question:

Starting small business - copyright/trademark question?

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i am planning to start an event planning business in my hometown. i am not sure what i need to do after i select a name for my business. do i need to copyright or trademark it? or can i just start my business. i've check my local area, and no one has the same name. there are a couple businesses i found with similar names in different states.

is it necessary to do anything as far as the name goes?

again, i am comletely new to this process, and i would appreciate any information you can give me! thanks!

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3 ANSWERS


  1. google the name on the internet - make sure no big companies are using it - an actual trademark search and reservation costs a lot of money - if you include your name in the business name somehow, it's more likely no one else is using that name


  2. If the companies with the same name as yours have copyright and/or trademarked the name, they have paid for the right to the name and can legally stop you from using the name.  You may have to have an attorney do the research.

    You do have the right to use your own name for a business name.

    Ways that the registered owner of the name can find you are through national accounts for supplies, credit and business directories.  Once you are discovered using their name you will receive an immediate  "cease and desist" letter and will be forced to change the name.  This can be very expensive to replace signs, letterhead, billing and will confuse your customers that you have established.  You'd be money ahead to hire an attorney to protect your business name.

    This happened to me many years ago, when a business had trademarked their name days before my name was registered with the state I was doing business in.  They did not discover my business name intentionally but were delivered products that I ordered from a national company. I had been in business a few years and I tried to fight it but lost and it was expensive and confusing to my customer base.

    Good Luck To You

  3. talk to an attorney to get the paperwork done legally to set up a business. You can also refer to the Secretary of State website for your state and look at the business section. There are forms for you to look at that might have to be filled out. By getting those paperwork done, your business is protected in that state and no one can use the same name.

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