“Rally Round the Trade Name”

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Category: Business and Industry

Date Submitted: 12/21/2011 06:28 PM

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View the video: “Rally Round the Trade Name” by clicking on the link in the course shell. There is also a link that will allow you to print the script of the video. Write a four to five (4-5) page report that answers the following:

Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes.

Gabby does not have unlimited rights to use her surname anyway she chooses. Although Gabby may have filed the proper documents to register her business trade name as Rally’s Pizza with the appropriate government agency to obtain the proper permits, licenses and employer tax ids, she will be subject to trademark limitations since Rally’s Motors has a similar business name in the same geographical area.

According to the Small Business Administration, some states require fictitious business names are registered “with the state government or with the county clerk’s office; there are a few states that do not require the registering of fictitious business names” at all (SBA.gov, n.d.). It would behoove new business owners to research a potential business name to ensure it’s not already being used. The Small Business Administration provides some pointers on where to begin searching for existing business names. One can start with their county to see if the name has been registered as a DBA (doing business as).

A new business owner can also check with the state to verify if an existing corporation or limited liability company is already using a business name. Using various search engines to research potential names on the Internet is another suggested method to research a business name. Lastly, one can conduct a free trademark search at Name Protect (SBA.gov, nod).

Trade names are used to identify corporations, partnerships, sole proprietorships, and other business entities. A trade name may be the actual name of a business that is registered with the government, or it may be an assumed name under which a business operates...