At first glance, a business’ entity name, domain name and trademark seem incredibly similar. All include the name “Apple,” right? But, from a legal standpoint, it’s important to point out that each is different, because the legal rights associated with each are quite different.
A business entity name is generally registered in conjunction with the formation of a separate legal entity at the state level through state governmental authorities, such as the secretary of state, the state’s corporation commission, etc.
Domain names are typically registered by ICANN-accredited registrars. Because of this centralized registration process, domain names are different from both business names and trademarks because the rightful owner of the domain name can generally prohibit someone else from using it without involving the courts.
Read MoreState trademarks are valid only in the state or states in which they are used or registered. These are acquired when a business uses a trademark in conjunction with the sale of goods or the provision of services. But here is the surprising part: State trademarks generally don’t need to be registered at the state level before you can use them. Actually, your use of a trademark generally gives you rights in that trademark automatically....
