North Texas Dentistry Volume 10 Issue 1 2020 ISSUE 1 DE | Page 15

wield it in protecting your name. Regis- tering the name as a trademark, investing in the recognition of that mark, and build- ing the goodwill associated with that mark are all great ways to strengthen your sword. Choosing a stronger name at the beginning will give an advantage from the first second the name is used. There are many instances when practi- tioners will choose the name of their prac- tice. The initiation of a practice, purchase, takeover, or a simple pivot point in the lifespan of a practice are all times when a new name is routinely considered. It’s important to remember that choosing the name of your practice is different than the naming of your business entity. Your entity only needs to be unique, but the name of your practice needs to avoid the likelihood of confusion. The Secretary of State issuing an entity name doesn’t mean that the name has been cleared. Here are a few tips that can help you choose a name: 1. Do your research. There are a variety of resources that can help eliminate potential problems in the naming of a practice. Attorneys, legal service websites, and even some market- ing companies can help out to varying degrees. If you prefer a more hands on approach, searching federal, state, and local registries can eliminate some names that you’d otherwise consider. The first step of running simple internet searches can help you avoid many problems with- out much time or expense. If using a mar- keting company, make sure that you clear the name before investing in marketing services for that name. 3. Be innovative. Terms like “family dentistry,” “smiles,” “teeth,” “dental arts,” and others are used universally. As such, everyone is able to use the words and consequently there is little that can be done to protect your name. Additionally, slight differences in these terms don’t make a name unique. Shumway Family Dentistry and Shumway Dental are essentially identical under the law. The more arbitrary or fanciful a name, the easier it is to protect, register as a trademark if you so desire, and the less likely to have a pre-existing conflict. Your practice’s name is something that you will hear every single day. The name will probably be on all marketing materi- als, contracts, websites, social media accounts and countless other places. Choosing a name is an important decision that can be stressful, but if you plan care- fully, adjust to conflicts, and flex your cre- ative muscle, it can be an experience that leaves you with a valuable and inspiring piece of intellectual property. Taylor Shumway specializes in trademark and other intellectual property matters for the McGregor & Oblad firm’s dental law group. Taylor graduated from Brigham Young Uni- versity with a B.A. degree before obtaining his law degree from Gonzaga University, where he excelled in intellectual property matters. Outside of work, Taylor enjoys coaching little league baseball, reading, obsessing over college football, and exploring the outdoors with his wife and four children. You can contact Taylor Shumway by email at: [email protected]. FREE VALUATION PRACTICE Know the value of your practice [phone] | ADStexas.com 2. Be flexible. Selecting only one name before properly identifying conflicts in the marketplace can lead to disappointment. Thinking up several possible names before doing your research will fend off potential heartbreak. Jeremy Brown JD, Joe Piazza DDS, Terry Watson DDS, & Frank Brown JD Practice Sales & Appraisals www.northtexasdentistry.com | NORTH TEXAS DENTISTRY 15