Q: I have a question regarding formation of a business and trademark/intellectual property?
I am forming a company and going to be doing business in the car repair business. My question is..when it comes to using a name is it the company name that gets trademarked or registered so that no one can use it? Or is it the business name(DBA)? Will I have to get the company name checked in the database to see if someone already has it OR the business name. So when I want to further grow and open franchises of my stores is it the actual business name thats protected or the company name. EG PEPBOYS or AUTOZONE these are big companies in the car service industry. Is that their company name or business name thats branded even if their company name could be anything. So can I name my company XYZ Capital INC and get my business name protected so no one can use it or does my company name have to be the same as my business name for it to be fully protected so that no one new cant come in later and form a company with the name im using for my business brand and claim it theirs?
Thanks
A: You are confusing several issues. When you incorporate, you have to have a unique name for the state in which you incorporate. A "DBA" works the same way. To formally trademark the name as a brand, you need to file with the trademark office of the US government. That gives national protection. However, it is very hard to trademark a name, as it has to be unique, even though you can trademark a logo, etc. If you do not do this, there is a common law trademark, but you must establish it by defending it against all challengers and using yours.
Will Blackton agrees with this answer
A:
You are confusing a company name with a Trademark. You can trademark a company name if it is unique enough. You have to demonstrate it is being use uniquely and for that business purpose. Filing your company name or d/b/a will only have limited protections to you within your state or local community. If you call your company XYZ Repairs, Inc. for example, you can then Trademark a logo and/or the name XYZ Repairs, assuming it is unique enough to meet Trademark requirements.
The first thing I would do is to check to see if your proposed name is already Trademarked for the kind of business you want to open. Likewise, some states offer local trademarks which only cover the state in which you open your business.
Will Blackton agrees with this answer
A:
The name you choose to trademark is the one that will be protected by IP law. You can have a different corporation name from your business name.
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
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