Avoiding Legal Issues When Selecting a Company Name

What's in a name?

For a company it could be everything. The name is the first introduction you have to your future customers. It's a way of building a brand and can matter a lot when it comes to establishing a foothold in the marketplace.

Think of it as planting your flag in the corporate world. The hitch is, if somebody got there before you, you'll be sent back to the drawing board.

The Legalities

The first legal issue is to make sure your proposed company name isn't already being used by another company. When you file articles of incorporation you are looking to qualify to do business and that begins with your company name. In other words, you can't open up a retail store and call it Target.

For instance, your Widget Inc. could survive as Widget Enterprises Inc. You should be cautioned not to pick a name that is too closely associated with a thriving business. That will get you into trademark trouble.

This is why many corporations often use a family name as the "umbrella" under which many other businesses can be created. You are able to perform a search for your business name beforehand to ensure that it is available. You might find that adding descriptive qualifiers can help if the name you want is similar to another.

The Trademark Issue

Right now, somewhere in the world, there is a trademark infringement lawyer preparing a lawsuit. Businesses who have spent millions on developing a brand and setting up a loyal customer base don't want that all their efforts ruined by some cheeky competitor.

Consider this the rule of the "Mc."

McDonald's has done a great marketing job of associating its products with the "Mc" surname. McNuggets, McWraps, McBites, McChicken, McFlurry... you name it and they put a "Mc" in front of it.

You could come along and have a carpet cleaning business that you want to call McCleaner and McDonalds would be well within their rights to haul you into court with a "cease and desist" order mentioning that your "Mc" is diluting their "Mc" brand. And because their "Mc" is first, you will lose.

Don't think that you can get away with a name that might be close to a company with a low profile. All they would need to do is serve you with a lawsuit and your entire business can come to a screeching halt.

Getting Incorporated: Tips on Incorporating a Business

There has been a lot of talk recently about whether or not a corporation can be considered a person. While pundits debate those points, the courts have already decided: a corporation is a legal entity that can enter into lawsuits, be taxed and buy land just as any individual will. As a small business owner you might soon discover there is very little space between you as a person and your corporation. The biggest advantage of incorporating is that it can protect your personal assets. Those should always be kept separate from your corporate umbrella.

The following are tips to follow as you head down the road of incorporating your company.

1)      Decide Where You’ll Incorporate

The three options for business incorporation would be within your own state or province, within your own country or in a foreign country. Most small businesses start out by keeping it simple and incorporating within their own region. However, it is worth exploring other options if for no other reason than the possible tax breaks you might receive. Once you are incorporated all the general laws will apply no matter where your company chooses to file the paperwork.

2)      Decide Your Board of Directors

The next step is to create a pre-incorporation agreement. This agreement will establish who will be on your board of directors and in what position. It will also have you establish the value of your company stock. Note that these stock shares have more to do with position than actual trading. For instance, when Facebook started up, investors and employees were offered stock options as part of their compensation. Years later, Facebook is finally going to go public and those original stock options will hold true value based on what the market decides.

3)      Decide Your Company Name

You’ll next have to file an official registration name for your corporation. Before doing this, you’ll have to research your name to make sure no other corporations that have the same title. You could simply file without the research but if your company name is rejected then you’ll have to start all over again.

4)      Decide on Your Articles of Incorporation

This will become the bulk of your incorporation paperwork and is not something you’ll be able to handle without a corporate lawyer. The procedures for creating these articles will be based on the rules and regulations that have been established in the region where you’ll be incorporating. When these articles have been filed, you’ll be sent an official certificate of incorporation. Once you sign that, you’re an official, fully recognized corporation.

Along every step of the way, there will be filing fees and legal costs you’ll have to pay out. There are some law firms that specialize in filing incorporation papers and offer affordable packages for start-up business. After you’ve completed all of these incorporation steps, you’ll need to hold your first board meeting and set up your own bylaws.

Video Series - PatsyPie Trademark

PatsyPie - Trademark Application Filing Services

PatsyPie is a bakery specializing in gluten-free products such as cookies, brownies and biscotti. Started as a home business in St. Laurent, Quebec by Pat Libling, PatsyPie has grown tremendously, with products now being sold across Canada.

PatsyPie was started because Pat herself is celiac. Over the years Pat has tried practically every gluten-free product on the market but found that none of the products measured up to the quality and taste of regular baked goods. So Pat set out to perfect her gluten-free recipes and once she did, she was in business!

For Pat, finding a creative and original name for her company was easy - PatsyPie is a nickname her husband gave her years ago. As PatsyPie started to become a successful business, Pat knew she needed to protect her company name and logo, so she turned to CorporationCentre.ca to register her Trademark.

Check out Pat's story in the video above and for more information on PatsyPie gluten-free baked goods, please visit the website at www.patsypie.com!