When clients come to ALVIS FRANTZ AND ASSOCIATES to start a business, the last thing on their mind is protecting their name. Often, it is presumed that when you incorporate it is covered. But that is far from the truth. Here are some of the ways most businesses address naming their company:
Fictitious Business Name (aka DBA - or "doing business as"). You can not always just start doing business tomorrow under any name you chose. You must first determine if a FBN is even required and then, if you determine it is, a Fictitious Business Name Statement (FBNS) must be filed in each county you conduct business. How do you know if your business name will require a FBN and how do you get one, have one of our attorneys contact you or call (925) 516-1617 to speak with an attorney or schedule a consultation today.
Corporate Name: When you incorporate, you must give your company a unique corporate name. Did you know though that you do NOT have to use that same name to market your business? You can actually do business under a FBN as well. It is important however to know where and when to use each name. Additionally, once you are incorporated, when you as an individual sign documents on behalf of your corporation, it is EXTREMELY important HOW you sign your name. If you sign documents incorrectly, you could be opening yourself up to personally liability of claims against the corporation.
Trade Name: A trade name is your company name as it is most commonly used. So for example, if you use your name as a return address on a purchase order, that does not constitute a trademark, only your trade name.
Trademark or Service mark: A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Trade Marks may or may not be registered. If a person has a federally registered mark, you can be stopped from using your name even if it is your corporate name, or your FBNS. To fin out what is right for your business, have one of our attorneys contact you or call (925) 516-1617 to speak with an attorney or schedule a consultation today.
