Legal Ownership Of Your Brand Name
Does the brand naming process end up when you come up with a perfect brand name? NO, You need to get legal ownership for your brand name. Getting legal ownership of your brand name means registering your brand name. So, you have legal protections for your brand name in the long run.
Why Should I Get My Brand Name Registered?
Registering your brand name is important for two main reasons.
- When you start a business and need a legal backup for your business, first select a perfect brand name and register it. Then your brand name is well protected!!!
- If you are forming a sole proprietorship, you should register your business name because it is the only way to register a sole proprietorship.
What Are The Advantages Of Registering Your Brand Name?
Knowing the benefits is essential before you register a brand name. Let’s see what benefits you can get after registering your brand name.
- Minimize your tax liability
- Limit your personal liability
- Avoid conflict with your founders
- Legitimacy and brand awareness
- You can raise significant capital
What Are The Ways To Register Your Business?
The registration process of a brand name can vary from country to country. But for the knowledge, here are some notable details about the registration process of a brand name in the USA.
1. What is your business structure?
There are a lot of legal structures for businesses in the world. Here are only some of the most common legal structures in the business field. See whether your business structure is here or not.
- A sole proprietorship
- Limited liability corporation
2. What is the address of your business?
While registering your business, your business needs an address, a particular place to receive mail, and to fill legal documents such as tax forms.
3. Get the registration done.
The most important part is registering your brand name. You need to choose your brand name carefully and file the paperwork and pay the fee. There is a notable factor you need to know if you name your business with your own name, you need to file DBA, which means Doing Business As.
4. Get the EIN
The next step is registering your business with the Internal Revenue Service (IRS) to get the Employer Identification Number (EIN). This number is essential for filing your taxes.
5. Registering under your state agency
After the federal registration, you may have to register the brand name under your state or local agency.
6. Finally, the Licence!!!
And make sure you got the correct licenses and permits for your business, and now you can start your business journey!!!
Do Not Buy A Brand Name With A History
It is highly recommended to work with an intellectual property attorney in the trademark process. They can help you save a lot of time and money in the process. Most importantly, using an attorney helps you avoid the mistakes you can blindly make, which can land you in unnecessary legal trouble. So, it is better to get professional help to start your business with confidence.
Always Use The Marking Notice
It is not mandatory to use the trademark registration symbol in every situation. But anyway, it is a good idea to use for your protection. Because it clearly shows people that you own the rights. On the other hand, not using the trademark registration symbols limits your capabilities of taking legal actions against infringers.
What Is A Trademark?
- According to the United States Patent and Trademark Office (USPTO), a trademark is “a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of the others.”
After Registering The Brand Name?
When you own your brand name, you have to protect it. These are the few things you need to consider after the registration of your brand name.
1.Search for any infringes
Google has an alert system that you can use whenever there is an infringement. You can notice and take suitable action.
2. Send the infringers a takedown note
When you send a takedown note to the infringing party, you need to let them know through your lawyer, that you own the brand name by the law and they should remove all the infringing marks from their products, servers, etc.
3. Include intellectual property clauses when drafting your contract.
This means when you hire employees or contractors, you must sign an agreement that states they will not use your brand name for their businesses or personal use.
Do Not Buy A Brand Name With A History
Brinso does not recommend a brand name with a history. But why?
- SEO Spam: Choosing a blacklisted or spam-detected brand name will negatively impact your SEO performance.
- Temporary misusage: Most scam product sellers register brands and give up them immediately.
- Illegal usage: Owners gave up brands for copyright issues or any other legal issues.
- Email spams: Some owners send millions of spam to sell products/services and give up the Brands.
Another reason that Brinso avoids suggesting brand names that have History in the field of Brand Name may be different from the previous company to the New one. You may have to put an extra effort to make sure that users will not misunderstand your product or service.
Ex: If the brand name abc.com used to sell soap earlier and has left its brand name because of some issues and a new user buys the same brand name after many years to sell computers.
But the users who used abc.com earlier still might think that it sells soap so the owner of the new computer company has to put some extra effort to make sure it sells computers.
Considering all these factors Brinso Makes sure not to put forward any brand name which has been used in the past.