How to register a business name so it can't be stolen?

Factual Questions
1

My daughter has a fledgling business going and we brainstormed a good name for it. She’s about to take the leap to actually having a storefront, which means the name of the business will be publicly known.

I know that businesses have rights to their names and products associated with that name, but how does one actually go about getting the name…what…tradmarked?..registered?..so that some unscrupulous bastard doesn’t come along and take it for his own?

Also, what are the costs associated with getting this done?

Thanks, all.

2

IANAL, but I think what you want is to trademark the name. There are different variations on traemark, but the most “iron clad”, if you will, is a Federal Registered Trademark. You can file with the US Patent and Trademark Office, which also has more information about trademarks.

3

It depends on the state. In New York, you go to the county clerk and get a DBA (Doing Business As) form. It’s a nominal fee (<$25 IIRC, though it’s been a few years). In my case, they told me to search through the records and look for a duplicate.

This was only valid in the county, however. If someone used the same name the next county over, I was SOL.

For trademarks, you have to apply at the U.S. Patent and Trademark Office. It’s much more expensive.

4

Is your daughter setting up her business in Alaska? If so, she should have a look at the state’s web site to learn more about establishing a business there.

Doing Business in Alaska

The top link on that page is a PDF of guidelines, which includes the following information about registering a business name:

So the key thing really is that the name your daughter has selected can’t be confused with any other business in the state. One she registers, no one else should be able to use the same name, AFAIK (and the fee in Alaska for registering is just $25). Making sure that no one else is using the same business name will probably require filing a request with the state, which will then let you know if it is available; if not, she would have to then choose a name to d/b/a. As an example, my consulting company has to do business under an alternate name in the state of Pennsylvania, because the name we have registered in NYS is already in use by someone else in PA.

If she’s setting up in another state, similar rules will apply; she just needs to check that state’s web site for more information. Many states have some section labeled “Doing Business in … ,” or else she can look up the state’s Department of State (which typically handles business matters).

Good luck to her!

5

Thanks all. The business is actually in Minnesota. She’s really quite the talented interior designer, and word-of-mouth is generating quite a bit of business. In fact, she is now having to turn away people because of her full-time job.

I’ll point her in the appropriate directions.