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What is Name Reservation (Trademark) and Why It Matters
Definition & Meaning
Name reservation refers to the process of registering a business name with the state to secure that name for the business owner. This step is essential to ensure that the chosen name is not already in use by another business. While most states will allow the reservation of a name that is not an exact match to an existing one, they may not consider names that are confusingly similar. Therefore, simply checking a state's business name database is not enough to confirm that there are no existing trademark rights associated with a name.
Table of content
Legal Use & context
Name reservation is primarily used in business law. It is an important step for entrepreneurs and business owners who want to establish their brand identity legally. This process ensures that the name they wish to use is available and helps prevent potential legal disputes over trademark infringement. Users can often manage this process themselves using legal templates, such as those provided by US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) A new coffee shop owner wants to reserve the name "Brewed Awakenings." They check their state's business name database and find that no other business has that exact name. However, they should also verify that there are no existing trademarks for similar names, such as "Awakened Brews," which could lead to confusion.
State-by-state differences
Examples of state differences (not exhaustive):
State
Name Reservation Period
Fee
California
60 days
$10
New York
60 days
$20
Texas
120 days
$40
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Difference
Name Reservation
Securing a business name with the state.
Focuses on availability for business registration.
Trademark Registration
Legal protection for a brand name or logo.
Provides exclusive rights and protection against infringement.
Common misunderstandings
What to do if this term applies to you
If you are considering starting a business and want to reserve a name, follow these steps:
Check your state's business name database for existing names.
Conduct a trademark search to ensure no similar names are registered.
Complete the name reservation application and pay the required fee.
Consider using US Legal Forms for templates to simplify the process.
If you encounter complexities, consult a legal professional for advice.
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