Publishing Company Namesnames of a publishing house
Reasons and how to select a name for your publisher
The majority of authors act as individual entrepreneurs and decide on "do busines as" (DBA), regardless of the company name they use. Ever wonder how a name for a double -key works or how to select a name for your clerks? Today, Helen Sedwick (@HelenSedwick), writer and lawyer, provides the information you were looking for about the DTA.
It is the second in Helen's serial on the commercial side of publishing and typing. My last paper concentrated on the fiscal advantages of handling your letter as a company. In addition, I stated that the creation of a public limited company or LLC is an unneeded expenditure and offers little compensation to most authors or independents.
May you have a company that is not a public limited company or LLC? I' m known by different names: He' Sedwick, Ten Gallon Press and some people' Mom or Aunt Helen. All these names mean to me. The name of your company is different from a pseudonym. Your company name is your masthead name and will be mentioned as the editor of your work.
The choice of a company name is a highly imaginative procedure. Ideally, the name will contain a pledge about your book, such as Romanticism (Passion Press), Adventures (Kick-Ass Books), Travels (Rickshaw Riders) or Next Chapters Publications. A name may contain the term "company", but should not contain Corp. or Inc. unless you have expressly established it as a stock company.
Don't loose your head by selecting the right company name. Only a few will recall the name, and it is not as important as your name or the names of the characters in your memoirs (or novels). However, take the initiative of selecting a name that is not already used in publishing, the industry or your town.
The use of an existing company name can cause conflicts: This name or a name that is already used by a similar company. Somebody in your country uses the same name, whether they work in a similar company or not. "If you call your company Goody Two Shoes, it is unlikely that you will infringe the MaxWax brand because your goods and service are different.
But if you find that your name of your dreams has been entered as a trade mark for anything to do with typing, publishing or communicating, do not use it. Browse your country's brand data base. Re-use the risk of mistaken identity before using an already filed trade mark. Don't even use a well-known brand like McDonald's or Exxon on a non-competitive one.
Holders of powerful trademarks have the right to contest any similar mark that could "dilute" the value of their mark regardless of the products or services. When you find a company that uses the name, you use the mix-up test. When the company sells car parts, then using the same name for your company is not likely to cause disorientation and as injury.
You will also be made aware of other possible uses when looking for domains. Browse your county's index for fictitious company names. From a legal point of view, you may not use a DTA that is already in use in your country, regardless of whether the companies are the same or not. Though DTA statutes are generally not implemented by government authorities, the holder of the available trade could be complaining and have you changed your trade name.
Let's say you want to name your company Three Little Pigs Press. I found many people using this name in my quest for the USPTO and the web, but they were all connected to foods, not publication. Let's say you find a local farmer with the licensed DTA, Three Little Pigs.
Cause you would use the same MSDA in the same shire that butchers could stop you from using three small pigs, even though you are in different shops. If you have chosen a company name, we will make it you. Store a fictitious company name extract (FBN statement) in the country in which your company will be based.
You may not in most countries use a company name unless you submit an FBN Statement within sixty working day of incorporation. In practice, you can only redeem a cheque made out to your company name if you have submitted an FBN declaration. This is what some call a DTA (doing as) submission.
Look for "fictitious company name" and the name of your country. Dealing with the tray itself doesn't mean much savings, so let the professionals take charge of it and conserve your penmanship. Approximately one and a half months after submitting your FBN declaration, you will get a notarized copy of the declaration.
My next article will guide you through the processes of obtaining your staff identification number (EIN) and commercial licences. A Californian lawyer, Helen Sedwick has thirty years of corporate and entrepreneurial representation work. The publisher's Weekly list their Self-Publisher's Legal Handbook as one of the five best resources for freelance writers.
More information about Helen can be found on her website at helensedwick.com. Exclusion of liability: Helen Sedwick is admitted to the bar in California only.