When you don’t trademark your business name in Oregon, another business either in Oregon or another state may begin using your name. This can cause confusion among customers. In worse scenarios, it could cause you to lose customers if they don’t like the other company and mistake it for yours due to the name.
Business law provides more protection for a trademark than registering your business as an LLC or a corporation. Some business owners make the mistake of thinking that registering their business offers the same level of protection as a trademark. When you create an LLC or corporation, other businesses in your state aren’t allowed to use the name if they are in the same type of business. Sole proprietorships and partnerships, however, might still be able to use the name.
Exclusive rights across the US
Obtaining a trademark for your business name prevents others across the entire US from using the same name. If you have a unique name you don’t want to use, you should file for a trademark. You wouldn’t want someone from another state to register a trademark for your business name. If you plan on selling your products or services online or in any other state besides your home state, a trademark is also necessary to give you exclusive rights with that name.
Limitations of a trademark
The purpose of a trademark is to prevent confusion among customers. Thus, even if you have a trademark, a different type of business might still be able to use the name. A pet sitting business and a restaurant are vastly different. It could be possible for them to have the same name even if one has a trademark.
It’s necessary to trademark your business name if you plan on expanding out of the state or offering services or goods online. Trademarks give you exclusive rights to that name within the market in all 50 states.