![]() ![]() While use of a company name in a given geographical region can provide protection from other companies entering that same region and using the name, it will not provide protection outside that region. There is some truth to this, but the protection this so-called “common law trademark” is very limited. You may have also heard that simply operating your business for some period of time without registering a trademark will nevertheless grant you trademark protection against competitors. A “Common Law Trademark” Provides Very Limited Protection But this process does nothing to give your business trademark protection for its name from competitor businesses, especially those operating in other states. This misunderstanding is often due to the fact that state authorities will check to see if your business name is the same or similar to those already operating in the state. ![]() Many startup founders mistakenly think that registering their company with the state as an LLC or other business entity provides them with intellectual property (IP) protection for their business name. Registering Your Business With the State Does Not Provide Trademark Protection If you have not trademarked your business name, the time is now to take action to protect your brand and help it continue to grow. But have you taken the steps to trademark your business name? Every year, entrepreneurs and visionaries create incredible businesses only to watch someone walk away with value that should be theirs through failure to timely seek and obtain trademark protection for their business name. So you quit the day job, took out loans, corralled investors, worked day and night to create a vision and bring it to life, and now you have achieved the dream: you’ve built a growing business on your own terms. ![]()
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