This blog gives a detailed description of selecting a trading name for your business.
As a small businessman, one of the first tasks you have to do is to create a trade name for your company. After that, your business can be implemented under its formal title. You can also use a brand name to run your business. So, then what is the distinction between the two? Continue reading to learn about the differences between a trademark and a brand name.
What Is the Difference Between a Business Name and a Business Trade Name?
The name you give your firm can drastically affect its existence. Sure, many numerous factors influence the success of your company. Your company’s name, on the other hand, is unquestionably essential.
A trade name is the name by which your company is frequently recognised or the name you use in marketing or conducting business. DBA (doing business as) names are another name for trade names.
The title is among the first factors prospective customers observe regarding your organization. It establishes a link between your clients and your goods or services. Your company is one step toward achievement if you have a solid relationship with the business brand.
When it relates to the naming of your firm, you must decide whether to include your business address or brand name. In the next section, find the difference between a trademark and a registered trademark.
What Is the Definition of a Company Name?
Your company’s legal name is referred to as a trademark. It is the formal name of the individual or entity who owns a business. It’s also the identity you put on official documents and financial records.
Depending on what type of corporate structure, a company’s legal name may change. For example, if you operate a company as a lone owner, your official title is your complete name (e.g., John Williams). However, you can use other keywords with your full name (e.g., John Williams Insurance Company). You should submit your real personal identity if you have a private company.
When you own a legal relationship, the trademark is usually a mix of the members’ last initials and must be mentioned in the memorandum of understanding.
When establishing a firm, limited liability partnerships (LLCs) and organisations must choose a real identity. Unlike the other company arrangements, an LLC or company’s official title does not have to include all the identities of any shareholders. Some jurisdictions, however, mandate that LLCs and companies use the terms ‘LLC’ or ‘Corp’ in their legal names (e.g., Rocks Technology LLC).
What Is a Small Business’s Registered Trademark?
A working title can be used instead of a corporate business title if a businessperson decides to develop under various names. Other words or statutory phrases are not required in a commercial name (e.g., Corp, LLC, etc.). An industry’s registered trademark, for instance, is Mike’s, while its professional business title is Mike’s Corp. Likewise, a company’s current title and trade brand can be the same.
A working title is also known as a DBA (doing businesses as) identity. It is the brand that the general public perceives. Consider it your company’s moniker. To help attract more clients, companies might use their business or DBA identity rather than their formal business title for marketing and advertising.
Establish a trademark for your firm if you want to trade under a different username than your professional business title. The requirements for establishing a DBA vary from state to state and municipality. For every DBA you establish, some require a special price and Registration. For more details about establishing a registered trademark, contact your local government.
Positives and Negatives of Using a Company Legal Title vs. A Registered Trademark
A company will usually have a legitimate business title and a registered trademark. As previously stated, the legal version occurs on official documentation and government paperwork. A working title, on the other side, is commonly seen on ads and billboards.
It is up to the company to evaluate whether or not employing a registered trademark instead of their professional business title will benefit them. Using a DBA or registered trademark has both benefits and drawbacks. Evaluate the advantages and disadvantages of choosing a trademark rather than your formal title for your company.
Benefits of Using Brand Names Include:
- It can be affordable to establish a registered trademark
- It gives your customers more legitimacy
- It helps distinguish companies if you have a range of items
- It allows one to describe your direction of the business further.
The Disadvantages of a Registered Trademark Include:
- You don’t have an exclusive right to the property unless you file it as a mark
- There may be lengthy registration processes
- It’s usually only legal in the country where you registered it, or you may have to register for another if you want to activate it elsewhere.
How to Confirm the Legal Name and Trade Name?
Various methods exist to verify an entity’s brand name and official title.
- To use an establishment certification by the firm’s Registration, anybody can verify an institution’s legal identity and trade name. A collaboration certificate was issued by the Secretary of Companies in the instance of a general partnership.
- A payer can use GST REG-06 to verify an institution’s brand name and official title under GST.
Choosing the Name of Your Company
Choosing a name for your company is not as simple as it may appear. Consumers may learn a lot about your firm by looking at its name. As a result, you’ll need a distinct, distinctive nickname and attention-getting. To come up with the perfect brand for your company, consider the following:
- Consider how to incorporate your company’s message into the name;
- Choose something simple to correct pronunciation and remember;
- Prevent using difficult-to-spell or lengthy phrases in the title; and
- Make sure the identity isn’t already chosen to take (check field names, do an investigation online, run a brand search, etc.)
- Get opinions on the name from your parents, neighbors, and coworkers.
Choosing a company name to function under is a significant step. Choosing the right title involves some experimentation, dedication, and effort. First, make a list of potential company names and do some research to see whether any are accessible. You’ll have to start over if the title you like is registered. After you’ve decided on a name for your company and checked to see if it’s available, incorporate it with your jurisdiction.
Modifying Your Business’s Name
You might like (and need) to update your industry’s DBA identity as your firm grows. For example, maybe you’re thinking about launching a new product portfolio. On the other hand, perhaps a new partner has joined your firm. Whichever the situation may be, you may have to shake up the status quo with the industry’s identity for it to correspond with the improvements you’re making.
You’ll have to do some legwork to change your company’s name. Moreover, according to your company’s structure, the procedure may differ. To alter your business address, you must typically follow the processes outlined below:
- Verify that the new enterprise information is correct.
- Notify the Secretary of Defense of the modification in your DBA (unless you’re a proprietorship*).
- Inform the IRS and state taxing authorities that your trademark has been altered.
- Contact your lender to update your user’s account DBA identity.
- Consult your town, municipal, or local public body to update the name on your company’s licensing requirements.
- Inform the Internal Revenue Service of the changed DBA.
- Update any critical files, including contracts, agreements, mortgages, bank balances, and loan applications, to reflect the new title.
- Use the new logo on your company’s website, signage, and other marketing elements.
We can deduce from the preceding paragraphs that a commercial name and an official title are two distinct entities and should not be used together. Furthermore, a trading name aids in client attraction and increases brand. As a result, understanding the distinction between a registered and a registered trademark is critical. if you have any doubts reach out to Vakilsearch!