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Go Back   Hip Girl Boutique Free Hair Bow Instructions--Learn how to make hairbows and hair clips, FREE! > Business Issues > General Business Issues

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Old 03-06-2012, 08:07
Whit21's Avatar
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Default How far do you go to protect your...

Name.

Okay so I've had a business name since about 09' but wanted to make sure everything was in order before I started selling (business license, trademarking, etc). So my shop name is let's say "Pink Apple" periodically I do a name search to make sure no one is using the name.

Today I do a search and find an Etsy seller who is under a different business name but has a new line called the "Pink Apple" collection. On one hand I figure its no big deal but on the other hand I don't want someone to google my company name and have someone else shop pull up in the search results.

So how far do you go to protect your name?
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Old 03-06-2012, 08:14
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Default Re: How far do you go to protect your...

I don't have a buisness but my take on it is unless you have a patent or whatever they are called then anyone is free to use the same name whether for buisness or product lines. I don't really think it is a huge deal but if you want to avoid it then get a legal binding so that no one else can use your buisness name. Thats the only way you can control it.
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Old 03-06-2012, 08:19
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Default Re: How far do you go to protect your...

Unless I was a big business, I wouldn't worry too much about it, either; if it turns out that someone mistakenly assumes it's you and contacts you, you can let them know you're not associated with her.
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Old 03-06-2012, 08:22
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Default Re: How far do you go to protect your...

Yes, unfortunately I don't think there is much you can do unless you have trademarked your business name. My sister actually just had issues with this for her business. she thought she was good since she registered her business name with the state,which will protect you in the state you are registered in. However, it doesn't keep someone outside your state from using it. The only way to do that, I believe, is to trademark and I think that is very expensive.
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Old 03-06-2012, 10:43
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Default Re: How far do you go to protect your...

Quote:
Originally Posted by Aliciab78 View Post
Yes, unfortunately I don't think there is much you can do unless you have trademarked your business name. My sister actually just had issues with this for her business. she thought she was good since she registered her business name with the state,which will protect you in the state you are registered in. However, it doesn't keep someone outside your state from using it. The only way to do that, I believe, is to trademark and I think that is very expensive.
...and when someone trademarks it with the USPTO it becomes a national trademark and the state trademark is no longer any good unless she files an opposition etc. Then the court battle begins.

It's $275 or $325 depending on which method you use to file.
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Old 03-07-2012, 02:33
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Default Re: How far do you go to protect your...

Even if you have a DBA, someone could still use the same name if they are in a different business section...Like a carpet cleaner versus a retail store.

You need a trademark, otherwise you can't legally do anything, and she can use the name and even trademark it herself to use it for the name of her line.
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Old 03-07-2012, 02:39
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Default Re: How far do you go to protect your...

Okay I feel better. I don't think it was anything done on purpose and again I don't think it's a big deal. I did start the trademarking process (btw get a lawyer if your going to do it it makes life a lot easier ).

Worst case scenario I can just tweek my listings to make sure that I have the 1st page on search engines. It was just funny because I was reading "If Nobody Loves you, Create the Demand" and they had a chapter on protecting your brand. Had it not been for reading the book I wouldn't have thought twice about it.

Thanks Ladies, Have a great day!!!
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Old 03-07-2012, 07:28
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Default Re: How far do you go to protect your...

That is why it is important to buy your .com, .org, .net....etc. It may cost more but you dont have to worry about another website opening with the same name as yours. Now facebook is another story. Anything flies on there.
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