What is the Difference Between a Trademark and Registering with the State?

There are a number of different questions that a start-up company may have when initiating efforts to become established in their particular field of expertise as well as online. Maintaining a firm grip on how you want your business to be presented is crucial, and it is often in your best interest to follow through with trademarking.

So, why trademark rather than just register with the state? When you create an LLC, DBA or incorporate your business, this means that you are registering your company’s name with your state. State is the keyword here; this prevents others from registering a business name that is for a comparable business in your state only. Protection in all other 49 states occurs with a trademark, and it is most often encouraged that a new company submit an intent-to-use trademark application as soon as they have their feet on the ground.

What makes trademarking even better? If you are considering building a website, this can actually help you get a domain name. According to the Anti-Cybersquatting Consumer Protection Law, if you own a trademark, you are able to sue against anyone that is “squatting” on a domain name that is either exactly the same or similar to your trademark, specifically when that person or group is using the domain name to benefit from your brand.   This is an extremely beneficial law, as every company should practice all strategies possible to establish themselves across all internet platforms exactly how their company’s trademark is.  You want to be sure that you are always displaying the correct and appropriate business info, as this is how to create a cohesive presence as well as become recognizable to audiences and potential new customers.

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