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What’s in a Name? Choosing Your Company Name

The name of your company is one of its most important assets. It it your company’s identity. The ideal name for your company should distinguish it from the competition, be easy to remember, suggest the type of business the company conducts and convey your expertise. It should represent your company’s brand.

Start by determining what you want the name to convey. In order to be effective, the name should emphasize the key aspects of your company. It should leave no doubt as to your line of business. You want to target your name to your clients. Try looking at the names of other companies in a similar market to see what is effective. Lists of company names already in use can be found in the telephone book, on the Internet, at the library or in trade journals.

You should also consider the ease of use and spelling of the name for marketing and promotional purposes. You want to make sure it is easy to read, identify, and duplicate. Try it our on sample letterhead, business cards and signs. Put yourself in your client’s shoes and evaluate the name.

Registering Your Company Name

After selecting a name you will need to decide what type of name is appropriate for your company. If you plan to do business in Ohio using a name other than your own personal name, it is necessary to regster it with the office of the Ohio Secretary of State.

A company name can be fictitious, trade or corporate. Any business name that is not regsitered as a corporate name or trade name and that does not fully identify the owner of the business must be registered as a fictitious name. However, the registration of a fictitious name does not protect the use of that same name by another business. It only provides a way for the state to identify the owner of a business.

A trade name is registered with the state and provides more protection. It is a name used in business or trade that desginates the business of the user and to which the user asserts a right ot exclusive use.

Another company usually cannot register a trade name if it is already registered to another company. However, a corporation may apply to the secretary of state for authorization to use a name that is not distinguishable upon the secretary of state’s records from the name of any other corporation, limited liability company, limited liability partnership, or limited partnership, or from a registered trade name, if the other entity or the person in whose name the trade name is registered consents in writing to the use.

Lastly, a corporate name is protected from use by others in the same manner as a trade name. In Ohio, it must end with specific terms.

You will also need to make sure your name is available in Ohio. A search for available names can be done with the Ohio Secretary of State. You should have several possible names in mind in case your first choice is taken. Keep in mind that your name must comply with Ohio requirements. In additional to the requirements for corporations discussed above, there are also requirements for limited liability companies.

Obtaining a Trademark

Next, you might want to consider obtaining a trademark for your company’s name. Though, even without being trademarked, a company name is protected from unfair competition, obtaining a trademark offers further protection. It protects your company from willful infringement by another company.

The Ohio Revised Code Section 1329.54(A) defines a trademark as “any word, name, symbol, device or sombination of any word, name, symbol, or device that is adopted and used by a person to identify and distinguish the goods of that person, including a unique product, from the goods of other persons, and to indicate the source of the goods, even if that source is unknown.”

Trademarks can be registerd with both the Ohio Secretary of State and, if you plan to do business in more than one state, the U.S. Patent and Trademark Office.

Creating a Domain Name

Lastly, you will need to consider if your company will have a website and if so, a similar domain name is available. The best domain names are usually the simplest ones.

One suggestion is to use your company name or a variation of it with “.com” or “.net” as the website identifier. Of course, before choosing such a name, you want to make sure it is free of legal conflicts with any trademark or domain name belonging to another company.

Domain names are not registered through state or local government. Instead, they are obtained through online businesses. Most online businesses assist you in conducting a search prior to registration to ensure that your desired name is not already registered to another entity. Even if a name is already registered to another company, it can be purchased from the company. You will need to contact the company to see if they are willing to sell the domain first.

Whatever name your select for your company, hopefully it is ideal for the type of business you conduct and resonates with your clients for years to come. Choosing a name is the first step in building a strong and successful company.

© 2008 Ott & Associates Co., LPA

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