Brand Rights Start with Use

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Richard Rimer

April 12, 2022

Running a business means paperwork, including filings for employment, sales tax, income tax, business occupancy, maintaining the entity, etc.  Since businesses are not looking for more paperwork, I do the paperwork that helps the savvy business owner lock down their brand.

Brand rights begin as soon as a business opens.  These rights are limited but can be enhanced by registering the brand as a trademark at the federal or state level.  Creating an entity, securing a domain name, filing a dba and getting a tax identification number have NO impact on securing brand rights.

A CPA client called last year after receiving a demand letter telling her to stop using her company’s name.  She had an LLC organized with the Secretary of State, a domain name and of course a tax identification number from the IRS. She had not enhanced her rights by filing applications to register her rights in her brand.  We helped her out of that jam, but had to explain that she would have a hard time expanding the use of her brand to other cities or other service offerings.

You just opened a second location, a new step on your march to become a regional, then national, then global brand.  Do you know if you can use your brand outside of your hometown? Your business plans rely on knowing that you can. Contact us to discuss your plans so we can provide a strategy that works for you.