Do you have to trademark your business name?

Although it is not legally necessary to trademark your business name, there are several significant advantages in doing so which can add protection and value to your brand. If you trademark your business name, you have the exclusive right to use your business name in connection with the goods or services you provide, therefore protecting the identity of your brand and disallowing anybody else from using the name that is identical or quite similar.

Without a trademark, your business name is going to have some common law protection, but it is ordinarily limited only to your business's geographic area. It would be possible for another business in another region or line of business to use the same or similar name and create confusion or dilution of your brand. By registering the trademark, you get wider protection, mostly nationwide, sometimes even internationally, depending on where you file.

Trademarking of business names also adds value to your brand. In business, the value that can accrue with time is the established brand image in terms of credibility and marketability, which makes it an attractive center to investors, partners, and customers alike. Registered trademarks signal seriousness in business and create an element of trust and loyalty to the business among its target audience.

Also, a registered trademark grants you stronger legal standing if you must enforce a violation. You can sue to have them get on the case once an infringement occurs about somebody who has a name similar to your trademark and can recover the damage that has occurred. Without a trademark, your legal remedies would be rather more limited, which could make the protection of your brand from infringement all that much harder.

Besides, getting a trademark early saves you from much trouble that would have been suppressed in the future. If you have not trademarked your business name and, in the future, you find another company was to register a similar name, you may be forced to rebrand, which will prove definitely costly and a diversion to your business.

This is because while trademarking your business name may not be legally necessary, it is still one of the most pragmatic steps one can take toward ensuring the absolutely necessary legal protection and securing a brand in a competitive marketplace for business survival.