Business Naming Basics

Well, trademark law is a grey area to me, so I suggest getting expert advice from a trademark specialist.

But perhaps I can help clarify why there’s ambiguity.

Here are three scenarios based upon three well known entities:

One: I’ve named my company and my product with the same name, just like Starbucks has. Now they can trademark “Starbucks” and “Starbucks Coffee” as “words” representing product, and they can trademark the Starbucks logo. But the company name, Starbucks Corporation, is not trademarkable.

Two: My company name is not used for marketing, only my products are. In the obvious case of Proctor and Gable (now wishing to be known as P&G), the company name is not trademarkable but each of their products – Tide, Pringles, Bounty, et. al. – are.

Three: Whatever I’m providing the public I’m doing exclusively under my own entity’s name. The first organization that came to mind in this category was the Red Cross. Yes, it’s a non-profit, but I believe the rule still applies.

What these three examples all add up to is that if you use your business name to promote your product(s) or service(s), you can trademark it. If your business name is not used in a direct communication to consumers, you cannot trademark it.

This may seem convoluted. That’s why I suggest consulting a company that knows about trademarks and service marks. I recommend LegalZoom because their costs are very reasonable and their service is easy to use.

Remember, I’m not an attorney, and I’m not up on the latest interpretations of trademark law, so please get professional help in this arena.

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