|
You've snagged a
great domain name and now you're ready to incorporate.
All you need to do is add "Inc." to
the end of your domain name, right?
Unfortunately, it's not that
simple.
To avoid problems later, take a
few steps to make sure the name you've chosen for your Web
site and business is both available and protected.
When naming your Web business,
consider at least two other name registrations besides
domain name registration:
- State and local
registration requirements for operating a business under
a particular name.
- Federal and state trademark
registrations of your domain name and/or business name.
Here is an overview of
the steps to take to make sure you've named your business
correctly:
Decide on the Name
If you're going to
use your domain name as a corporate or a business name —
or as part of that name — make sure it is available for
use in your state.
You can do this by contacting the
secretary of state or division of corporations in your
state. State the name you want to use for your business,
and an official will tell you whether another business
uses that name. This way you can find out whether your
state is likely to reject your filing.
If there is a conflict with
another business name in your state, you might still be
able to come up with a variation of the name the state
will accept as long as the other company does not have
prior trademark rights, which you can determine by
following the steps described later.
Remember, many states have naming
guidelines; some words might be mandatory and other words
might be prohibited. For example, a state may prohibit a
business name that includes the word "bank" except when
used for bona fide banks. Most states require a company's
name to include the word "corporation," "incorporated,"
"corp." or "inc."
Register Your Business
You automatically
register the name of a corporation or limited liability
company (LLC) in a state as part of the process of
incorporating or forming the LLC.
If you decide on a name but are
not ready to file incorporation papers, you may reserve
the name by filing a reservation of name form with the
secretary of state in the state in which you are
incorporating or forming the business.
Sole proprietorships and
partnerships using a business name other than its owner's
(or owners') full name (or names) must register an
application for a fictitious name. Often this filing is
done at a state or county level.
If your name is Jane Smith and
you want to call your business Jane Smith Bookkeeping (www.janesmithbookkeeping.com)
you do not need to register the name. However, if you want
to call it "www.myaccountant.com," you will need to
register the name as a "dba" — doing business as.
Establish a Trademark
Successfully
registering a domain name as your business name neither
gives you trademark rights nor guarantees use of that name
won't infringe on someone else's trademark rights.
Trademark rights arise through
using a term or symbol in connection with a product or
service — or, in the case of a service mark, the
connection is with the source of the product or service.
Certain additional benefits can be obtained by also
registering the name as a trademark.
Ask yourself if your domain name
will be used to identify a particular product or service,
or if it will merely state the name of your company.
For example, "Amazon.com" is used
as a service mark because it identifies a particular Web
site and the services and products it offers.
However, if your business is a
holding company called QRS Holding Co. Inc., with the
domain name "qrsholdingcompany.com," you are not likely to
use this domain name as a trademark or service mark.
|
