Trade Names (Part A)

If you plan on starting a franchise in New York, there are steps you'll need to take to protect your business name. You can do this by registering the name with the United States Patent and Trademark Office (USPTO). By registering your business's name, or trade name, you will prevent other people from using it, and from using any similar word combinations that might conflict with your registered name.

However, when registering your trade name, you must make sure that the name is unique and that it has not already been registered. To do so, you can get the professional help of a New York franchise attorney.

Protecting Your Trade Name when Starting a Franchise in New York

When starting a franchise in New York, your business will be built on the reputation of your brand. Your trade name will be the primary device that is used to identify your business. Therefore, you need to protect it from unauthorized use, which could damage the value of your brand.

By controlling the use of your trade name, you can:

  • Prevent anyone else from using it in commerce;
  • Use it in conjunction with colors, symbols and/or sounds that may also identify your brand; and
  • Build recognition and customer loyalty to your specific name and brand.


To register your trade name with the USPTO, you can submit a simple online form, which will begin the registration process. However, before you begin this process, you must conduct a thorough search of trade names that are already in existence. This is so you don't attempt to register an existing name.

To conduct this search, you will have to enter your trade name into the USPTO database. This will initiate a comparison with all other existing trade names. If a name comes up which is similar to yours, you may be prevented from using it, and you may have to change your business name.

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