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Home Blog Business and Marketing​​ How To Protect a Business Name: A Guide to Trademarks and Domains 
A featured image for Network Solutions' article on brand name protection.
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How To Protect a Business Name: A Guide to Trademarks and Domains 

Key takeaways:

  • Without brand protection, your business is vulnerable to serious reputational damage that can negatively affect its success. 
  • Your online presence is just as important as your legal registration when it comes to protecting it. 
  • Claiming a domain name is important to protect your brand online, which is key to competing in today’s internet-influenced business sector. 

Starting a business is exciting because it offers the potential for financial independence, flexible hours, and the opportunity to pursue your passion.   

Imagine this: your business is doing well, only to find out that another entity is using your company name online. This can damage your reputation, confuse customers, and negatively impact your success potential.  

Data backs this up. For example, 30% of consumers respond to negative brand actions by stopping the purchase of its products or services, while 34% of consumers talk about brands that act positively.  

This is where brand protection comes in. You need to protect your brand to thrive online and offline. Now that you have a good grasp of what branding is and why brand protection is important, it’s time for you learn how 

In this guide, we’ll delve into the basics of how you can protect your business name so that it maintains its reputation and value in the marketplace. 

Let’s cover five easy ways to protect your brand name online.

Step 1. Register to protect your business from reputation damage

How do I protect a business name from being stolen or damaged? You need to legally register it to protect your company from reputation damage and safeguard the welfare of your customers. 

For these reasons, brand protection—the measures you take to legally prevent the unauthorized use of your company’s brand and intellectual property—is a must. It also protects against counterfeiting and brand infringement.  

Without brand protection, your business is vulnerable to serious reputational damage that can be detrimental to its success. 

So, what are the types of registrations for brand protection? 

There are different legal registrations and understanding them is a must if you want to protect your business name legally:

  • Entity name 
  • Doing business as (DBA) 
  • Trademark

Read on for details.

Entity name 

Registering an entity name is an important first step in starting a company since it makes your business legal, which allows you to open bank accounts, obtain licenses, and file taxes. Just file your application with your local or state government office, pay a fee, and publish a notice in your local paper (depending on state laws).  

Doing business as (DBA)  

A DBA, or doing business as, allows you to use a business name that’s different from your registered name. If your business name is long or complicated, consider getting a DBA registration to use a shorter, more easily recalled alternative.  

For example, if your legal name is “The Health Project, LLC,” you can register a DBA to operate under something like, “Health Shop.” 

Registering for a DBA also offers the following benefits:

  • Ease and cost. It’s a simple and affordable way to use a different name without a separate legal entity like a corporation or Limited Liability Company (LLC).  
  • Practical. It makes opening a bank account or promoting your business easier by using a catchy, memorable name.

Note: DBAs do not grant exclusive rights to the name, and others can still use it.

Trademark 

In the U.S., trademarks can be registered either at the state level or the federal level, each offering specific levels of protection.

  • State trademark. This is registered through an individual state and offers protection within state boundaries. Since each state has unique trademark laws, a state trademark only provides geographically limited protection, but it generally costs less and comes with faster processing time. 
  • Federal trademark. This is registered via the U.S. Patent and Trademark Office (USPTO). It provides more extensive protection for your brand and is easier to enforce. (We’ll take a more detailed look at federal trademark later.)

The decision between state and federal trademark registration depends on your business goals, budget, and geographic scope. Many businesses start with state registration for immediate local protection and later upgrade to federal registration as they grow.

Step 2: Trademark your business name and logo  

Speaking of trademarks, in the U.S., they can be registered either at the state level or the federal level, each offering specific levels of protection.

  • State trademark. This is registered through an individual state and offers protection within state boundaries. Since each state has unique trademark laws, a state trademark only provides geographically limited protection, but it generally costs less and comes with faster processing time. 
  • Federal trademark. This is registered via the U.S. Patent and Trademark Office (USPTO). It provides more extensive protection for your brand and is easier to enforce. (We’ll take a more detailed look at federal trademark later.)

The decision between state and federal trademark registration depends on your business goals, budget, and geographic scope. Many businesses start with state registration for immediate local protection and later upgrade to federal registration as they grow. 

How protect your brand name with a federal trademark 

By registering a federal trademark with the United States Patent and Trademark Office (USPTO) you can:

  • Identify source of goods or services. A federal trademark identifies and distinguishes the source of goods or services by using a word, phrase, or design that helps customers recognize your products or services.  
  • Enjoy legal protection. With a federal trademark, you can sue violators to stop them from using your trademark without your consent, allowing you to enforce your rights. This protects your reputation and revenue potential.  
  • Safeguard against counterfeiting and fraud. Since a federal trademark identifies you as the source of the products or services, fakes can be easily spotted.

These are just the basics of the trademark application process, and it’s best to check the official USPTO site for a more complete explanation.

Step 3: Deal with infringement immediately 

When you encounter any brand infringement, start by sending a cease-and-desist letter to the person or company using your brand name or logo illegally. Feel free to explain your ownership on your trademark, including your decision to take legal actions if the issue is not remedied on time. 

You can find templates for cease-and-desist letters online or have your attorney create one for you. 

Consequently, if you detect cases of brand misuse, seriously consider escalating with legal action. Since you’ve trademarked your brand, you have exclusive rights to your business name, which means that you hold exclusive rights to it and others can’t use it without your permission. 

Note: Trademark and common law rights have limited scope and may vary per state.  

Step 4. Claim your domain  

Registering a domain name is important if you want to protect your brand online, which is key to competing in today’s internet-influenced business sector. Be sure to claim your domain name with alternate extensions (e.g., .net, .biz, and .org), with their alternative spellings (e.g., saintjames.com, stjames.org, and stj.net).  

Having domains with multiple spelling alternatives is ideal for your visitors because you’re giving them better chances of accessing your website in case they make a mistake in entering your domain name. 

Remember, a domain name is the foundation of your digital presence, and registering one offers the following:

  • Professionalism and credibility. A custom domain name radiates a sense of professionalism and credibility, telling customers that you’re serious about your dealings. This builds trust among them, turning them into loyal patrons.  
  • Identity. A carefully chosen domain name identifies your brand and makes it easier for potential customers to find you online.  
  • Protection against fraudulent activities. A registered domain name stops cyber criminals from cybersquatting, confusing customers, and damaging your reputation.  
  • Marketing and search engine optimization (SEO). A catchy domain name is easy for customers to remember and share. While it’s not a direct SEO element, a relevant one can influence clickthrough rates, help your site gain traffic, and rank higher in search engine results pages (SERPs).

Register social media handles to match your domain 

As an added measure, register your social media handles to match your domain. This safeguards your brand from fraudsters who want to impersonate you. Since they won’t be able to trick your customers, you can build trust with your audience. 

Aside from protecting your brand, this level of consistency makes it easy for customers to find you, remember you, and share your content. 

Even if you’re not building your website yet, buying your desired domain name is still a good move since its acquisition works on a first-come, first-served basis.

Step 5. Protect your brand through regular monitoring  

Regular online monitoring is one of the first lines of defense against brand misuse, allowing you to catch online infringement and protect your company’s reputation.  

You can use Google Alerts, a free tool that you can set up to notify you if your brand name appears online, which allows you to flag instances of infringement like your name being used on a new domain, in a blog post, or even an online forum. You can also configure it to send alerts for misspellings and brand name variations, which enables you to detect cybersquatting.  

This early detection is important for addressing potential threats that can harm your brand’s reputation and customer trust.  

Safeguard your online identity with Network Solutions 

Work doesn’t stop even if you’ve addressed your legal and online requirements. You need to proactively protect your brand from illicit activities that could harm your trademark and your brand’s online identity.  

A key component of this approach is using specialized services like Network Solutions’ GlobalBlock, which prevents others from registering a domain that matches your brand across domain extensions. Our cutting-edge service can proactively safeguard your brand identity and online reputation, ensuring your business is not misinterpreted or misused by fraudulent individuals.  

Protect your trademark and online reputation with GlobalBlock now.

Frequently asked questions

How do I protect my business name without a trademark?

You can protect your business name in several ways even without getting a federal trademark. Some of them are as follows:
1. Common law trademark rights. When you start using your business name in your locality, you automatically get basic legal rights to that name, but this protection only works in your immediate geographic area. 
2. State or local business name registration. You can also officially register your business name with your state or local government offices. This prevents other entities from using similar names in your state. 
3. Claiming domain and social media handles. This stops other people from pretending to be your business online or stealing your brand name on the internet

What’s the difference between a business name and a trademark?  

A business name is your company’s legal name registered with government offices for official purposes like taxes, bank accounts, and contracts. On the other hand, a trademark protects the brand name, logo, or slogan you use to sell products or services. 

What happens if someone else uses my business name?  

If you have a registered federal trademark, you can perform the following measures:
1. Send a letter. Your attorney can send a cease-and-desist letter to the other party demanding them to stop using your name. A registered trademark gives the document significant legal authority. 
2. File a Lawsuit. If the other party refuses to comply, you can sue them in federal court for trademark infringement.  

  

  

 

 

  

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