THE SECRETARY OF STATE’S OFFICE IS NOT YOUR FRIEND

Many of my clients come in thinking that as long as they have a corporate name, they are free to use that name for advertising and marketing purposes.  Sadly, they are mistaken.

The corporate name granted by the Secretary of State’s office is only given for use as a business name.  The criteria for granting the name is based on whether the exact name is already in use.  That name is for use as a business name, for tax and regulation purposes, and not a clearance for marketing and advertising use. 

In order to use a name or logo for marketing and advertising, any company should conduct a full search and assessment as to the availability and use of their name and/or logo.  A search involves looking at all uses of a name and/or logo.  The search results are assessed to determined whether that name or logo would be available for use.  In other words, the results are reviewed to determine if there are any other uses of the same or similar names or logos that may result in trademark infringement or an allegation of infringement.   

Any business that intends to spend money on advertising or marketing of its goods or services should conduct a search and assessment as to the availability of a mark or logo.  In addition, if a business intends to expand beyond its state boundaries, it should consider federal registration of its mark.

Making sure your trademark or service mark is available for use is considered a best business practice designed to leverage what you consider a valuable critical asset.  Having the right person to help you make that decision is critical.  The Law Office of Kathleen Lynch is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at klynch@kliplaw.com.