A trademark is any word, phrase, symbol, or design that is used to identify and distinguish the source of a company’s products or services from those of others in the marketplace. According to Federal trademark laws, a name or symbol must serve as a “source identifier” in order to qualify as a trademark, meaning that it must indicate the source of the products or services offered to consumers. The main purpose of a trademark is to prevent consumer confusion and to allow businesses to build a reputation for quality and reliability.
If a business name is primarily used for administrative purposes, such as registering with the secretary of state, opening bank accounts, filing a fictitious business name, signing leases and agreements, or other internal activities, it is unlikely to be protected as a trademark. This is because such administrative use does not identify the products or services which the business offers consumers; the name simply identifies the business itself.
But, if a business name is used to market the company’s products or services to consumers, it may qualify as a trademark because it is identifying the source of the goods or services being offered. For instance, if a business name is affixed to products or other marketing materials, then it is being used to identify the source of those goods and highly likely to be protected as a trademark.
3nt to note that trademark protection is not automatic. In order to obtain legal protection for a business name as a trademark, it must be registered with the United States Patent and Trademark Office. Once a trademark is registered, the owner has the exclusive right to use the trademark in connection with the products or services for which it is registered.
Determining whether a business name qualifies as a trademark can be a complex process which involves examining how it is used in the course of the business. This is why it’s important to seek the assistance of a knowledgeable trademark attorney to help navigate the registration process to ensure the name is properly protected.
