Registering a business name doesn't offer legal protection

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Wisconsin statutes do not require the registration of marks with the secretary of state's office. Consequently, many marks are in use without being registered, and therefore the Secretary of State's office has only a partial list of those used by Wisconsin businesses. Other areas to investigate might be the Internet, telephone books, trade journals and other publications available at the public library.

Wisconsin statutes define "mark" as "... a label, trademark, trade name, term, design, pattern, model, device, shopmark, drawing, specification, designation, or form of advertisement that is adopted or used by any person to designate, make known or distinguish any goods or services as having been made, prepared or provided by that person and that is registered by that person under s.132.01."

Registration of a mark is a public record that shows the date a party began using a mark. Registration may discourage others from using the same or similar mark, but it offers no absolute protection from future conflicts and it does not give exclusive rights to that mark.

Rights to a mark are acquired through use. A business using a mark for a number of years without registering it could have rights over a business just beginning to use it, regardless of the new firm's registration with the secretary of state. However, until a court determines exactly who has such rights, no party has exclusive rights to a mark, regardless of whether the mark has been registered with the secretary of state.

The secretary of state is required to accept all properly completed applications, regardless of any similar or identical prior registrations. Before registering a mark with the secretary of state, a person should be reasonably sure that use of the mark would not infringe on another party's rights.

Any questions about registration of marks should be directed to the secretary of state's office, 608-266-5653.

Certain types of legal entities can be formed only through the DFI. Names of these entities are kept on file with the DFI once the entity has been formed. No separate registration is required. These entities are:

•  Cooperative associations

•  Limited partnerships

•  Limited liability companies (LLCs)

•  Limited liability partnerships (LLPs)

•  Common law trusts

General partnerships and sole proprietors are not on record with the DFI and may not be on record with any public office.

"Religious societies," organized under section 187.01 (statutes), are on record with the register of deeds of the county within which their principal office is located. To contact the DFI, call 608-261-9555.

A business tax registration certificate is required if your business is also required to have any of the following tax-related documents:

•  Wisconsin Employer  Identification Number (EIN)

•  Use tax certificate

•  Local exposition tax

•  Alcohol beverage permit

•  Seller's Business corporations

•  Nonstock corporations (including domestic veterans organizations and Catholic congregations) permit.

For questions about the business tax registration certificate, call the state Department of Revenue at 608-266-2772.