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- @046 CHAP ZZ
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- │ SELECTING A TRADE NAME │
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- Choosing the right name for your business can be a very
- important ingredient in the success of your operation,
- since it can affect the image you project, favorably or
- adversely. For the typical small business, it will usually
- be wise to pick a name that helps to describe the product
- or service to be provided. Otherwise, picking a "cute" or
- whimsical name may cost you many potential customers if
- they fail to realize what you do when they see your signs,
- advertising, etc. For example, if you call your restaurant
- "The Comestible Emporium," a lot of very hungry (and
- semi-literate) people will probably drive right by without
- realizing that you serve food.
-
- On the other hand, it is advisable, from the standpoint of
- protecting your business's name as a "trademark" or "service
- mark" (such as Coca-Cola) under federal or state law, to
- adopt a name that is also partly arbitrary or nondescriptive,
- in conjunction with a name that is descriptive of the
- services or goods provided. An example would be the "21
- Club Restaurant." The reason for selecting a name that
- is partly whimsical or arbitrary is that trademarks or
- service marks that are merely descriptive of the goods or
- services cannot be legally protected from use by others
- unless you can prove that the name has taken on a secondary
- meaning, which is very difficult to establish for a new,
- small business.
-
- After you have tentatively decided upon a name for your
- business, you or your attorney should find out whether the
- same name, or a confusingly similar name, has already been
- pre-empted by someone else. This usually will involve
- starting with the state's secretary of state, to find out
- whether the name is already being used in the state by a
- local corporation or out-of-state corporation that has
- qualified to do business in the state. Next, you should
- inquire with the county clerk of each county where you will
- do business, where state law requires filing or registration
- of trade names (fictitious business names), to see if
- another business is already using the same or a confusingly
- similar name in the county and has filed a fictitious or
- assumed name statement. Or you may consult a firm that
- specializes in checking on use of trade names or marks, or,
- as a last resort, check the yellow pages (and white pages)
- of the appropriate phone directories. If someone has already
- been using the name you want to use, you may have to choose
- a different name to do business under.
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