Texas Legal Entities
Naming a Business
A memorable name is important to the success of a business. It is common for businesses to go by fictitious names. In order to legally operate a business by a fictitious name, most states require that a fictitious business name statement be written, published in a well-read newspaper, and filed with the County Recorder. However, corporations as well as businesses which use the individual proprietor’s name are generally exempt.
A name can help the public to conceptualize the business and aid in success. It can either be used for a point of sale or as an identity to a service. However, choosing one can be quite complicated. The name might be already trademarked. Even if it isn’t legally trademarked, it might be used by another company, in which case confusion would arise. Also, the name could be too generic and easily copied.
Once a name has been selected, move quickly to have it trademarked. Competitors will be eager to file the same name, so it is best to do it on an expedited basis.
It is becoming increasingly difficult to make sure business names are not infringing upon each other. As the internet continues to expand the markets in which businesses operate, the danger of overlapping increases. However, each state’s Secretary of State’s office has a listing of all the corporations registered in that state. Check to make sure there is not an overlap. In addition, the internet can be a great source. All federal trademarks can be found at http://www.uspto.gov. A simple Google search or business directory search can be helpful as well.
For legal assistance in naming your business, contact the Austin business naming lawyers of Slater & Kennon today by calling 512-472-2431.
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