Is a business entity’s name protected in Virginia after it files in the Clerk’s Office?
When a business entity’s name is entered on the records of the Commission in the Clerk’s Office, its name is protected to the extent that the Commission is prohibited from filing a document for another business entity (except a general partnership) whose name is indistinguishable. However, a filing in the Clerk’s Office does not provide protection of a business entity’s name in a commercial environment because the document is filed without regard to filings made under the Virginia Trademark and Service Mark Act or with the U.S. Patent and Trademark Office. Furthermore, filings are made in the Clerk’s Office without regard to similar names, which is often the basis for common law determinations of who has the superior right to a business name in a geographic area. The law regarding the protection of a business name is complex and advice in this area should be obtained from an attorney.
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