At Fortis, we often hear from businesses blindsided by the discovery that another entity is operating under the same or a similar name. They contact us seeking counsel because they registered their business or trade name with the Colorado Secretary of State and began operating–sometimes for years–only to learn later that another company is out there using the exact same or nearly identical business or trade name. Not infrequently, these similarly monikered businesses often operate in the same or similar space, and the issue usually comes to light only after a cease-and-desist letter is issued or when customers confuse the two companies.
Both entities are left with a significant problem: they’ve invested significant time and money into developing their brands but failed to ensure these carefully crafted brands are protected, such as by registering their trademarks, which may also be, or encompass, an entity’s trade name.
How to Protect Your Brand: A Step-by-Step Approach
- Conduct comprehensive name searches. For entrepreneurs just starting out, first, take the time to ensure the public-facing name you want to use can withstand scrutiny in our global world. This means going well beyond searching for similar names on file with the Secretary of State or even Google.
- Register your trademark. If it would be an issue if another entity started using your same company name, slogan, brand name, design name or any other element of your business, take the steps now to protect your brand with a registered trademark. In Colorado, trade names used by your entity should be registered with the Secretary of State. Still, it is important to know that trade names are not unique, and other entities can register and use the same trade name as yours. For this reason, I often also recommend registering a business or trade name as a trademark, as these are usually the same.
- Consult with experts. At Fortis, our trademark team can help you at each stage of this process, from clearing your intended company name through specialized databases to registering your trademarks at the state and federal levels and beyond. We recognize the importance of your brand and strive to make the process accessible to businesses of all sizes, offering flat fee rates for trademark applications. These upfront costs ensure peace of mind and protection and are significantly less than the unanticipated legal costs and litigation you may face if you become the infringer or if your brand is jeopardized by infringement upon your mark.
Registering a trademark is one of the most important ways to protect your brand and company. Please contact me if you have questions about how best to protect your business or would like to file a trademark application.
