Advertising and Marketing Your Business

When advertising and marketing your business, it is important to abide by New York's Fictitious Name Statutes. Be certain that you only use your full corporate name in connection with any advertising or marketing materials. For example, if your corporate name is "Jim's Floral Shop, Inc" you cannot do business under the name "Jim's Floral."

If you plan to use a name other than your full corporate name, it is important that you first register that name as a "fictitious name" inc compliance with New York Statutes.

Our Small Business Document E-Book contains forms and instruction for registering a fictitious name under New York Law.

You must also be aware that a fictitious name does not of itself give you any trademark rights. Additionally, there is no assurance that the use of a fictitious name will not violate someone elses trademark rights in that name.

Trademark rights arise upon "use" of the name in commerce. Registration of a trademark under state or federal trademark laws is not a necessary preqequisite to obtaining trademark rights (although registration does give some very distinct benefits). For this reason, a simple search of governmental trademark filings is not sufficinet to assure that your use of a name does not infringe upon third party trademark rights. For this reason, it is necessary to conduct a comprehensive common law trademark search in order to determine whether your use of a business name infringes upon a third party's trademark rights.

To get a common law trademark search, click on the Trademark Search Icon to the right.

For more discussion on trademark rights and the need to obtain a comprehensive trademark search, VISIT THIS LINK.