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The name of a corporation, LLC, or other business entity is one of a business’ most valuable assets. It can affect the business’ sales, reputation, and even its chance for success. Therefore, one of the first and most important decisions the owners or managers of a corporation, LLC, or other business entity must make is deciding on a name.

However, that may not be as easy a task as it may seem. First, the people choosing the name have to ensure compliance with the various laws that restrict business entity names. Second, they have to ensure that all necessary steps are taken to protect the rights to their company’s name.

This white paper will assist with these tasks by discussing the laws that govern name selection and protection and by describing how a business entity acquires, maintains, and enforces rights to its legal name.

Topics covered:

  • What is a legal name?
  • Statutory restrictions on legal name selection (required words, prohibited words, name availability)
  • Foreign state law and legal name selection
  • What is a trademark, and how trademark laws affect name selection
  • Business entity laws and legal name protection
  • Trademark laws and legal name protection
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Sandra Feldman, Publications Attorney
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